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Arab sacked from Jewish firm 'unfairly dismissed'

Martin Hickman
Friday 26 July 2002 00:00 BST

An arab Muslim sacked from his job as a cook at a Jewish catering firm after allegedly throwing food over a rabbi during a wedding won his claim for unfair dismissal yesterday.

Abad Amash, 36, had been employed at Reich Caterers, in Golders Green, north London, for 10 years. He was paid £250 a week for up to 100 hours' work preparing food for bar mitzvahs and other Jewish festivals.

Mr Nachman Reich, owner of the catering business, told an employment tribunal in central London that Mr Amash had stolen from his firm and had constantly been drunk.

He said he had only employed Mr Amash as a "casual" working one or two days a week and had warned him "hundreds of times" about his conduct.

Mr Amash, speaking through an interpreter, denied drinking at work or stealing and said he had only had a verbal disagreement with the rabbi. He insisted that he had not thrown a tray of food over him.

He claimed unfair dismissal after being sacked on 24 March this year. He also claimed that unfair deductions had been made from his wages and that he was entitled to holiday and sick pay which was never forthcoming.

Nicola Walker, the chairwoman of the panel at the tribunal, ruled that Mr Amash was clearly a full-time employee and entitled to holiday and sick pay. She also ruled that Mr Amash had been unfairly dismissed.

She said: "There were considerable inconsistencies in Mr Reich's evidence throughout the whole day."

Regarding Mr Amash's alleged bad behaviour, she said: "At most there were verbal warnings but never any form of disciplinary action, and if this employee was so outrageous, as Mr Reich alleges, then why did he get regular employment? That's just not credible.

"There may have been some history, but it did not lead Mr Reich to take any form of reasonable disciplinary action. This was clearly an unfair dismissal."

Mrs Walker ordered Mr Amash to be paid £250 in wages deducted from his pay.

A separate hearing on 4 September will decide how much holiday and sick pay Mr Amash should be awarded.

After the hearing, Mr Amash, who arrived in Britain in 1989, said: "I told the truth all the time. Everyone knows I worked for Mr Reich for years and years and even did the cooking at his daughter's wedding."

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