Buu Luong of Brookfield, Tallaght, told the tribunal that he had worked in the Sichuan restaurant in Stillorgan, south Dublin, for three years before the attack which happened suddenly when he went into the kitchen to collect food for a table.

Luong said the employee went to hit him again but was restrained by another restaurant employee.

The waiter left the restaurant after the attack and told the general manager that he could not work with "that maniac" and they would have to do something about him.

He added that he had also reported the attack to the gardai.

In February 2005 . . . three months after the incident . . . the employee who attacked Luong with the bottle was suspended for two weeks and told by the manager that if an incident ever occurred again he would be instantly dismissed.

The general manager of the Sichuan restaurant admitted that it was a "serious assault" but said he was not comfortable punishing the employee until he heard both stories.