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Head chef of popular restaurant pleads guilty to workplace bullying after making apprentice wear a plastic bag over their head and ordering another to drink boiling oil

9 months ago 46

By Sarah Liversidge For Daily Mail Australia

Published: 05:47 GMT, 30 November 2023 | Updated: 05:47 GMT, 30 November 2023

The head chef of a popular Victorian restaurant forced one apprentice to wear a plastic bag on their head and told one to drink boiling oil. 

Charles Yates, a former head chef at Max’s Restaurant in Red Hill, on the Mornington Peninsula, faced Frankston Magistrates' Court on Wednesday. 

Yates and the restaurant's owner, Ideal Catering Services, pleaded guilty to charges relating to workplace bullying. 

The complaint related to Yates and described his treatment of two young apprentice chefs between October 2020 and June 2021.

Charles Yates, a former head chef at Max’s Restaurant (pictured) in Red Hill on the Morning Peninsula, pleaded guilty on Wednesday to charges relating to workplace bullying

The court heard Yates forced one apprentice to wear a plastic bag on his head with eye holes cut out and continuously subjected them to offensive language and behaviour, the Herald Sun reported. 

On another occasion, Yates told an apprentice to drink boiling oil and told another to slit their wrists.

It is understood one of the apprentice chefs had a neurological developmental disability. 

The court heard Yates also threw things at the apprentices, hit them over the head with cabbage leaves, and called them things like 'spazz', 'c***face', and 'spunkbubble'.

The horrific treatment led to one apprentice resigning in May 2021 while another took weeks off using sick leave before also quitting. 

The court heard Yates said he meant no harm by his actions and that he had experienced similar treatment while working in the hospitality industry since the age of 14.

Yates also faced a single charge of failing to ensure proper care of other employees.

Max's Restaurant faced three charges relating to failing to provide a safe working environment and not providing appropriate training and supervision.

Ideal catering Director and owner of Max's Restaurant, Maxwell Paganoni (pictured), originally faced charges but they were dropped

Max's Restaurant owner Ideal Catering Services also pleaded guilty to charges relating to workplace bullying (pictured is Max's Restaurant) 

Well-known industry figure Maxwell Paganoni is the director of Ideal Catering Services and is also the owner of Max's Restaurant.

The court heard the restaurant had been set up in 1994 by Mr Paganoni as one of the area's first winery restaurants and had achieved great success, winning several hospitality awards. 

Mr Paganoni was also originally facing charges as well but these were withdrawn.

The court heard one of the victim's mothers had reported Yates' behaviour to Mr Paganoni, who had been working a managerial role, but the complaints were not dealt with.  

'I did everything in my power to rectify the situation,' Mr Paganoni told investigators in a statement, however it was conceded by his defence that more could have been done.

WorkSafe said the conduct was 'overt and obvious' and any consequences needed to have 'some sting' in order to act as a warning to other businesses.

Magistrate Christina Windisch said she needed time to consider all materials before sentencing Yates and the catering company. 

The matter was adjourned to next month.

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