Joseph Louei was condemned for the ‘exploitation of a very vulnerable young man who was disabled and he thought he could get away it’.
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Joseph Louei
But the employment tribunal panel in Exeter heard that Mr Louei, owner of Plymouth’s three star Astor Hotel, threatened to sack 23-year-old Adam O’Dee ‘for taking too much off the end of a cucumber’.
And they heard that the Iranian-born owner of the hotel, on Plymouth Hoe, also grabbed frozen bread rolls and threw them around the kitchen after wrongly blaming Adam for not taking them out of the freezer.
Adam, who suffers from Aspergers Syndrome and dyslexia, resigned after he was picked on by Louei and quit his £95 a week job for a 40 hour week – less than half the national minimum wage.
He won his claims for unfair dismissal, disability discrimination and minimum pay against Mr Louei and Astor Hotel Ltd.
The tribunal judge John Hollow said in the judgement: “In relation to the discrimination claim, it beggars belief that a businessman of 25 years’ standing should accept that a very vulnerable individual could properly be employed at £90 or £95 per week for a full week’s work.
“We have no precise figure for the hours the claimant was working each week but we understand that the national minimum wage claim was compromised on the basis of 38.5 hours per week. £95 per week was a very substantial underpayment.
“To expect him to work such hours for this level of pay, and to do additional work on top of this, stretches our credibility to breaking point.
“This was nothing more than exploitation of a very vulnerable young man. This was done because Mr O’Dee was disabled and Mr Louei thought he could get away with it.”
The tribunal panel also said Adam, a father of two, was victimised after complaining of disability discrimination.
The Exeter panel also said they found the evidence of Mr Louei and two of his witnesses as ‘unsatisfactory and unreliable’ where ‘many discrepancies and contradictions were exposed’, compared to Adam and his father whose evidence was ‘reliable and straightforward’.
Adam, from Plymouth, started work at the Astor Hotel in February 2010 as a trainee chef having been introduced by Remploy, whose role is to help people with difficulties find work.
He was asked on many occasions to work extra hours at weekends and busy times like Christmas but he was not paid – but Mr Louei claimed this was so he could get extra experience.
Judge Mr Hollow said: “We have to say that this is an extraordinary and novel proposition to this tribunal. It is both extraordinary and incomprehensible that the claimant should work substantial additional hours for no renumeration, not even the flat hourly rate.”
Adam frequently raised the issue of pay and wrote a grievance letter to Mr Louei who said that if he gave Adam the same pay ‘everyone else would be unhappy’.
Adam wrote: “I believe I should be on the minimum wage. I work six days a week and sometimes seven, yet I only get £95 a week. I believe this to be discrimination as you are very aware of my disability and you do not treat able-bodied people in this manner.”
In his resignation letter Adam said Mr Louei ‘harassed and victimised me’ since putting in his letter of grievance.
Adam wrote: “I found this degrading and abusive and I am no longer able to put up with such bad management behaviour and therefore I resign with immediate effect.”
The total compensation package includes loss of earnings, injury to feelings and for unfair dismissal and the fact that Adam has not worked since last July and may take another year to find another job.
Mr Louei will also have to pay costs, although he complained that he has insufficient means – the tribunal said that is not grounds for not paying costs.
Judge Hollow said: “From what we have seen of him, we find the claimant to be a young man with very considerable difficulties who copes because he receives substantial support. He will need that support for a long time.
“He is an unsophisticated young man who has come here to tell us the truth as he remembers it to be.”
Mr Louei claimed that Adam was an apprentice and said he acted out of a wish to help him and said he had done the same with many other people.
He said he also suffers from dyslexia but Mr Hollow said he has written several books and said the tribunal was sceptical with his claim that he cannot deal with paperwork.
Mr Louei was grilled by Adam’s barrister Debbie Grennan during cross examination and at one point said: “It seems like I am a big monster. You are treating me like a criminal, calling me a liar. I cannot stand being called a liar.
“I never ever lie. I have nothing to hide. Money does not mean anything to me. Adam did not produce any work, he had to be carried and pampered. I have never used and abused people.”
p>CITY hotelier Joseph Louei said he feared the compensation order may "finish" his business.
However, Mr Louei said he would fight to get "justice".
Mr Louei said the £40,000 compensation order would "possibly close the business" adding he recently "only just managed to save it".
He said: "I'm in a state of shock and needed to go away to think things over.
"I've gone through messages sent to me on Facebook and texts – people have been amazing. I've had so many phone calls of support and the staff have been so lovely.
"The staff are really devastated. The hotel is run like a family. I'm living in one room in the hotel and sometimes I only take £500 or £600 a month, but I always make sure the staff are paid.
"Something like this comes up and it can destroy your dream."
Mr Louei said over the past few years he had helped "hundreds" of students learn different aspects of the industry.
He said: "One became my general manger of the hotel. One became head chef in fact.
"The only thing I did wrong here is I don't do paperwork... I didn't have a contract."
Mr Louei admitted his own son was dyslexic and he sorely regretted he "couldn't help him", suggesting that he felt he could at least help Adam O'Dee.
He said: "After my marriage broke down I didn't see him for years. I felt I couldn't help my own son.
"When I came here, I couldn't read or speak English. I started as a kitchen porter, did 80 hours a week just to stay here.
"It wasn't about the money, it was about learning. Then I made it and I could help people. I felt for him (Adam) because I have been there. Adam said 'I want to be like you'. I said you will never be like me – you will be better than me. You can learn from what I know and then add to it.
"But I'm starting to think 'what about me?' I'm not going to sit there and do nothing. I will do whatever I can to get justice. I will go to any lengths to save the Astor Hotel."
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