Those who, at Christmas, like to taste a chocolate log, are they aware of the dramas that can play out in front of the industrial tribunal, when this pastry has not been made according to the rules of the art? At the risk of spoiling the party, here is a recent example.
On January 16, 2017, the boss of a bakery sent his pastry chef, who we will call Pierre X, a letter of dismissal, written in these terms: “We were aware, on December 27, 2016, of a wrongdoing on your part: during the preparation of a butter cream log, you left a piece of plastic coming from a disposable pocket which is used to preparation. The client told us that someone close to him ingested this piece of plastic and almost choked. This negligence on your part has serious consequences for our company, the client threatening us with a lawsuit (…). Given the seriousness of your fault, we notified you of your protective layoff on December 28, 2016. ”
Sponge cake and pastry bag
The employer recalls that “The profession of pastry chef requires skill in the execution of gestures, rigor in monitoring recipes and meticulousness in dosages”. Especially when it comes to making a log, a particularly difficult recipe, even if, schematically, it seems simple: it is necessary, on the one hand, to make a buttercream, which will garnish the inside of the cake, and decorate it. outside, and on the other hand prepare a sponge cake. We wrap the sponge cake around the cream, then decorate it with what remains of it, using a pastry bag.
How did the piece of clear plastic land in the log? The employer believes that “Came to put inside the sponge cake” before it’s rolled. He accuses his pastry chef of not having “Cleared his work plan as the rules of the art require”, And this, “Despite the remarks” that he made her ” Many times “.
Although Mr. X quickly found work, he contested his dismissal before the labor tribunal of Cambrai (North). As the latter proves him wrong, on January 25, 2019, he appealed to the social chamber of the Douai Court of Appeal, and poured a ridged sleeve into the proceedings, placed on a plastic bag. He says that if the piece of plastic had slipped on the sponge cake, due to a lack of cleaning of the worktop, “It would have been necessarily visible when taxiing”.
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