Worker claims unfair dismissal

THE State’s employment tribunal yesterday heard allegations that a Chinese national working in Burger King was falsely imprisoned and assaulted by superiors.

Nicole Zhao, aged 27, is taking an unfair dismissals case against her employers at the company’s branch in Dun Laoghaire, Co Dublin.

The Employment Appeals Tribunal (EAT) heard that Ms Zhao was taking a separate claim for damages in the Circuit Court in respect of allegations of false imprisonment and assault.

The fast-food giant is contesting the claim of unfair dismissal before the EAT and is denying allegations of false imprisonment and assault.

The allegations stem from a meeting between Ms Zhao and a number of managers at Burger King on August 18, 2005.

James O’Donnell, barrister for Ms Zhao, confirmed to the tribunal that there were proceedings before the Circuit Civil Court.

But he said that the case before the EAT was to do with breach of contract, and did not concern false imprisonment.

Yesterday’s sitting of the tribunal was largely taken up with legal argument.

Counsel for Burger King, Marguerite Bolger, sought an adjournment given that there were proceedings before the Circuit Court.

She said the tribunal and the Circuit Court were being asked to adjudicate on the same matters of fact. She said that as the tribunal was likely to make conclusions first, this could have legal consequences.

Chairman Tom Guiney ruled against her application for adjournment and agreed with Mr O’Donnell that the matters of fact were distinguishable.

Mr Guiney set a hearing date for September 13, to run for three days.