Workplace bullying claims at award-winning restaurant

An award-winning Mornington Peninsula restaurant has been raked over the coals at the Frankston Magistrates Court following allegations of bullying.

The head chef of the popular restaurant is accused of calling staff “spazz” and ordering one apprentice to wear a plastic bag on their head and drink boiling oil among other things.

Charles Yates and Ideal Catering Services appeared in the Frankston Magistrates’ Court, where they both pleaded guilty to charges relating to workplace bullying.

Ideal Catering Services was also charged by WorkSafe with failing to provide a safe work environment.

Ideal Catering Services traded as Max’s Restaurant in Red Hill.

Yates faced a single charge of failing to ensure proper care of other employees. The court heard Yates bullied two young apprentices between October 2020 and June 2021, one of whom had a neurological developmental disability.

Yate’s is accused of persistently subjecting them to offensive language and behaviour, including telling one staff member to slit their wrists, while calling staff names like “spazz”, “c--face”, and “spunkbubble”.

The behaviour led to two resignations.

There restaurant is owned by Maxwell Paganoni, who is also the director of the catering company.

Max’s Restaurant faced three charges, while Paganoni also faced charges which were withdrawn.

The court heard Paganoni failed to deal with the situation appropritaley, even after one of the victim’s mothers reported the conduct to him.

“I did everything in my power to rectify the situation,” Paganoni told investigators.

However, his defence conceded more could have been done.

Since the investigation, Paganoni has worked to upgrade policies and procedures to reduce the risk of this behaviour happening again.

As for Yates, he claimed he was dishing out treatment similar to what he received when he working in the kitchens as a 14-year-old.

WorkSafe said any punishment must have a bit of sting to it.

Magistrate Christina Windisch is now considering evidence before sentencing Yates and Ideal Catering Services.

The matter will resume next month.

Jonathan Jackson, 4^th December 2023