The gastronomic entrepreneur Alberto Chinkiesowner of the Piegari restaurant, said during an interview in Radio Miter the consequences of an unfavorable ruling in a labor lawsuit initiated by a former employee. Chinkies explained that the judicial decision, the result of a first instance ruling, forced him to face a sentence that exceeds the 200 million pesoswhich put at risk the continuity of the establishment recognized for its history of more than three decades and for employing more than a hundred people.
According to the exhibition of Chinkies In radio communication, the intervening judge determined a sum that, in her opinion, “does not correspond to reality” and grants the former employee a figure that she considers “impossible to pay” for an SME in the gastronomic sector. The case involves a worker who worked for a period of between 20 and 25 years. Chinkies assured that this employee, who started as a waiter, left the position during the COVID-19 pandemic by refusing to resume the activity under essential conditions, which is why the employer considered the dismissal justified.
Chinkies said he expected a different judicial outcome. Express: “I thought I had arguments and I think I have arguments as to whether or not to pay or pay a reasonable amount. Conclusion, the first instance judge ruled 100% in favor of the employee”. Furthermore, he stated that the sum awarded in the sentence exceeded the amount demanded by the worker. The businessman highlighted his intention to appeal to the Chamber, which, at the time of the interview, had not yet issued a statement.
The ruling not only impacted the final numbers but also generated immediate consequences in the restaurant’s daily operations. The head of Piegari affirmed that the judge issued a lien on all your bank accounts for an amount of 160 million pesoswhich, in his words, affected his ability to comply with labor and contractual obligations: “They seized all my bank accounts. Explain to me now how I manage myself, that I have to pay the staff, now I have the salaries, I have the bonuses, I have the suppliers. How do I do it?”he explained during the interview on the radio station.
The financial situation described forces the restaurant to face serious problems in supporting its staff and covering the expenses of a company of its magnitude. Chinkies stated that, in the current circumstances and with the embargo in force, he does not find a viable way to meet the commitments with the more than 100 employees nor to continue operating in the medium term.
During the conversation in Radio Miterthe journalists asked about the seniority, role and salary that is the subject of the lawsuit. Chinkies specified that the claim arose after a dismissal that, according to the employer’s defense, was carried out “for cause” due to the repeated abandonment of tasks. The businessman stated: “He never answered a message, he never did anything and one day, since he was no longer coming and a lot of time had passed, we fired him for cause. For neglecting his task”.
The calculation presented by the employer’s legal defense differs from that accepted by the trial judge. Chinkies assured that, according to the ruling, “that waiter should earn 8 million pesos today,” a figure that he described as inapplicable in local gastronomy. Furthermore, he considered that “the rates are absolutely abusive” and criticized the criteria for updating compensation amounts applied in the judicial resolution.
When addressing the situation of small and medium-sized businesses in Argentina, Chinkies wondered aloud “What do we have to do? What do we have to do? What do I have to close? I’ve been working for more than 30 years, we have a prestigious restaurant, we have more than 100 people”.
The restaurant authorities are awaiting the result of the Court of Appeals after presenting the challenge to the ruling. Meanwhile, the bank embargo remains in effect and the financial future of the company and its employees remains uncertain.
