Firm sued for R500k over employee’s ‘smelly’ lunch

A law student employed as a messenger for a Pretoria-based law firm has taken his employer to court for unfair discrimination for allegedly ordering him not to eat his lunch inside the premises because his meal smelled bad.

David Moetji from Mamelodi, east of Pretoria, is accusing Mark Efstratiou, the owner of a law firm Mark Efstratiou Incorporated, of unfair discrimination after he reportedly instructed him to eat outside because other employees complained about his “smelly” food.

Moetji said that since December last year, he has been eating his lunch outside the offices.

He said on 14 January he asked if he was still not permitted to eat inside the building and the response was that he could only eat a sandwich in the office.

Legal action

This did not go down well with him as he believed he was being discriminated by his employer and reported the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Equality Court.

The matter was heard on Monday at the CCMA and was referred to arbitration on a date that will be announced soon.

“I’m demanding compensation of R500 000 for the damages caused by my employer’s actions,” Moetji said.

ALSO READ: Labour Court upholds dismissal of Famous Brands’ employee over missing bag of sugar

“It was in December when he called me to his office and told me that people had been complaining about my meal. I asked him to tell me about the kind of food he was referring to but he could not specify, instead he told me not to eat inside the premises.

“Since then, when I want to eat, I go outside as instructed. I am angry because all my colleagues are allowed to eat their food inside.

“The decision to ban me made me feel so bad. I’m the only one who has experienced this type of conduct from him. I always respected him and never argued with him. I deserve the same respect as that of my colleagues.”

‘Misunderstanding’

Efstratiou denied the allegations against him and said he only informed Moetji that there were certain meals that he ate which made the entire office smell of food when warmed in the microwave oven.

“I informed him that these meals should be eaten outside because we do not have a canteen inside the office,” Efstratiou said in court papers seen by The Citizen.

“If he understood this to mean that he must eat all his meals outside of the office, he was mistaken in his understanding of our discussion. This was related to him again in a meeting held with him and Mrs Golekane Tshukudu, an attorney in my firm.

“I note with great surprise that the complainant seeks relief of R500 000 in damages. It appears to me that the complainant is victimising me as an employer and not that he is being victimised.”

NOW READ: Sweet justice for long serving Shoprite baker that was fired for stirring sugar in mug