A waitress has won €5,000 in compensation after being unfairly fired over refusing to serve old cheesecake to a customer.

Suda Entertainment Limited – which manages Pepe Nero restaurant – was ordered by the Court of Appeal to pay Giulia Gattucio over her unjust dismissal.

Gattucio was fired after she refused to serve cheesecake that had been left out of the fridge for two hours to clients, even after her manager asked her to.

The Italian waitress said the manager then ordered her to apologise for not serving the cake, leading to her being fired.

She worked for the company between December 2016 and July 2018. The restaurant said that she stopped coming to work instead of being fired.

Restaurant manager Doris Zarb said that she had ordered Gattucio to serve the cake, but said this was not the only incident Gattucio was involved in and that there were other issues.

Zarb said she eventually stopped including Gattucio in the roster after Gattucio stopped appearing for work.