Woman accused of complaining to IRD about employer wins $20K

Richora general manager Jerry Li at the site of the company's future Ngongotaha honey factory and visitor centre. Photo / File

A woman accused by her employer of complaining about them to Inland Revenue has been awarded $20,000 compensation for unjustifiable dismissal.

Wai Ying (Melody) Cheng worked for Richora Group, a company that specialises in exporting manuka honey, and its owners Jerry Li and Nina Li.

Cheng was asked to attend a "serious meeting" on March 8, 2017, after the IRD contacted the couple about a complaint received from a woman concerning the company's alleged failure to pay wages and tax issues.

Due to an illness, Cheng was unable to attend the meeting, which proceeded in her absence. Instead, her husband Horlick Hon attended.

According to a Employment Court decision, Jerry Li was allegedly unreceptive to information provided by Hon to support his wife's claims that she didn't complain to the IRD, and that Mr Li was pressing for a quick "solution" to the problem.

The proposed solution was that Cheng signing an employment agreement, accepting a payment of $3,000 and resigning.

Cheng took the matter to the Employment Relations Authority, which found in her favour.

Richora then appealed the case to the Employment Court but was unsuccessful.

The Employment Court's Chief Judge Christina Inglis, in a recently released decision, said there were significant deficiencies with the way in which the pair dealt with matters, including:

• a failure to adequately engage with Cheng;
• failing to advise her of the purpose of the meeting on 8 March 2017;
• pressing on with the meeting in her absence;
• failing to provide her with a reasonable opportunity to respond to their concerns;
• pushing her to resign on terms;

Chief Judge Inglis said the company's actions fell well below the minimum standards expected of an employer, amounting to unjustifiably dismissal.