49.2%
50.8%Emirates Palace chef fined Dh92,000
Marten Youssef, Courts and Justice Reporter
- Last Updated: July 14. 2009 6:43PM UAE / July 14. 2009 2:43PM GMT
The out-of-date yoghurt was found at Etoiles restaurant at the Emirates Palace hotel. Ryan Carter / The National
ABU DHABI // A British chef at a restaurant in the Emirates Palace hotel is appealing his sentence for storing a container of expired yoghurt: a Dh92,000 (US$27,000) fine.
Inspectors from Abu Dhabi Municipality found the yoghurt during a routine visit to the kitchen of the Etoiles restaurant and lounge about a month ago.
The head chef, identified as PH, was convicted and ordered to pay Dh70,000 for not educating his staff on the emirate’s food expiration laws and Dh20,000 for storing expired food. He also had to pay another Dh2,000 for the municipality’s fees.
PH appealed the court sentence in the past few weeks, and the case was referred to the Criminal Court of Appeal, where it was heard yesterday.
His attorney said the food was only one day past its use-by date; court documents do not specify when the food expired. Yesterday PH pleaded with the judge to have the fine overturned.
“I am only an employee of the hotel,” PH said. “I should not be the one charged with this. I signed the documents, but I did not understand that I would be the one charged. I am only an employee.”
The judge asked through a translator whether PH was in charge of the staff.
“Are you just an employee there, or are you the one responsible for the kitchen?” the judge asked.
“I am the head chef, but this is not my restaurant. I am a worker there,” PH answered. Emirates Palace hotel officials did not return calls yesterday seeking comment.
There were no representatives from the municipality yesterday in court. The municipality could also not be reached for comment. The judge said the appeal verdict would be rendered on July 22.
Although the Abu Dhabi Food Control Authority is tasked with inspecting for hygiene and expired food, the municipality also conducts general inspections.
In recent food-violation cases, the store is taken to court unless employees violate company orders.
During the past week in Abu Dhabi, for instance, the butchery counter at LuLu hypermarket was ordered closed for three days.
myoussef@thenational.ae
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Added: 07/31/09 06:01:00 AM
I read this article and the comments with interest. Best before and sell by dates are not absolute indicators of whether a food product is safe to eat or not. In our homes, many people have consumed products after sell by and best before dates without any ill effects.
However, in a commercial situation we owe it to our customers not to make that decision for them. Out of date food, whether it is past its sell-by, use-by or best-by date should be discarded.
My own view as an ex-restaurant and bar manager is that the authorities have been heavy handed in dealing with this case in regard to the fine. Should the Exec Chef have been punished? Yes. Should the company have been punished? Yes. AED 92,000 fine? No. A warning perhaps or penalty points on their license (I'm not certain that that option is available in the UAE).
One other thing that did surprise me though was the Executive Chef's defense that he was merely an employee. I disagree with him on that point. He's in a well paid responsible management position. If he's not willing to shoulder the responsibility for the failures of his systems and his staff he should not be in that position.
I'm sure when the end of year bonus was handed to him he didn't smile shyly and say "No thanks, I'm only an employee, please give that to my Sous Chef and line cooks, they do the real work."
I feel that in light of the unfortunate deaths of those children in Dubai last month from a food borne illness that the authorities have been told to give no quarter to shoddy operators. In this case the fine was disproportionate to the offence. However, Executive Chefs, Restaurant Managers and other food service operators would do well to remember that when they choose to work with food that will be consumed by other people, if they do not do everything in their power to keep that food safe, they are responsible for the outcomes. If they are not willing to accept that, they should find alternative employment.
Regards,
J Kernan
J Kernan, Singapore
Added: 07/17/09 02:28:00 PM
If everyone in the kitchen reports directly to him, and he is in full control, he most certainly should be held accountable.
That however is an internal matter?
Andy P, Abu Dhabi
Added: 07/15/09 02:30:00 PM
I wounder how our reaction would differ had a customer found out about the expired yoghurt.
The chef is responsible for the kitchen, its his/her domain. Something so basic as expired yoghurt should not happen at a place like Emirates Palace, with a chef, that, I would be guess, is "5 stars."
I agree the organisation should be fined, however, the chef should also be held accountable.
Besides, how do you compare a roadside cafe, with Emirates Palace?
Thabet Al Qaissieh, Abu Dhabi
Added: 07/15/09 12:40:00 PM
Once again the UAE goes after the employee as opposed to the company, just like what they did recently when fining the drivers of commercial trucks with bad tyres of breaking the rush hour ban restriction.
Organisations are held responsible, not the employee. Unless you are self employed and do not work for a legal entity you're not responsible - fairly simple. Anyone who can't understand that difference, and it appears Abu Dhabi Muncipality as a whole is included, really needs a wake-up call. However I'll be fair to the Abu Dhabi Municipality employees, it's their organisation that screwed up collectively, not them personally.
Andy P, Abu Dhabi
Added: 07/15/09 07:40:00 AM
I totally agree with the fine and it should be more .. They should fine the Hotel as well ..
A. Salem, Abu Dhabi
Added: 07/14/09 10:23:00 PM
"European chefs have, I think, a slightly better understanding of food spoilage and hygiene than their brethern from other climes. I for one would help in a collection for this chef."
That's judgemental and border line racist.
Mishaal Al Gergawi, Dubai
Added: 07/14/09 08:22:00 PM
I believe that is an exagerrated reaction from the government. Besides I know for a fact that even an Executive Chef as a head of the department is not in the kitchen 24/7. And somehow even he trains the staff there are some really are stubborn and careless. What I know if the employee didn not follow regulations of the hotel he can be fired for that but not charged for the mistake?! And how come the chef is attending the court and no representative from the hotel? Emirates Palace should be the one charged as they hired unqualified chef (if indeed he is).
Maverick Lichauco, UAQ
Added: 07/14/09 03:22:00 PM
I believe that is an exagerrated reaction from the government. Besides I know for a fact that even an Executive Chef as a head of the department is not in the kitchen 24/7. And somehow even he trains the staff there are some really are stubborn and careless. What I know if the employee didn not follow regulations of the hotel he can be fired for that but not charged for the mistake?! And how come the chef is attending the court and no representative from the hotel? Emirates Palace should be the one charged as they hired unqualified chef (if indeed he is).
Maverick Lichauco, UAQ
Added: 07/14/09 03:36:00 AM
That has got to be the most pathetic story I have read recently. An AED 92,000 fine for a day-old yoghurt container. PLEASE... the Municipality should be looking at corner store cold-storage, roadside cafes and especially washroom facilities. European chefs have, I think, a slightly better understanding of food spoilage and hygiene than their brethern from other climes. I for one would help in a collection for this chef.
Cass Higgins, Abu Dhabi