ERA must decide if it's unjust dismissal
The Employment Relations Authority recently dealt with the unjust dismissal claim of a worker who said a workplace altercation with one of his employer’s directors became “physical” and led him to resign. The worker said he was left “traumatised” by the incident and demanded compensation.
Changyong Zhang, a seasoned news presenter and radio host with experience in China, has filed a claim against JRL Culture Media Limited, the parent company of FM 90.6 Chinese Radio (FM 90.6) in New Zealand, where he worked as a radio host.
JRL, based in Auckland, operates FM 90.6, a radio station catering to the New Zealand Chinese community by offering news, current affairs, and music.
Zhang alleged unjust treatment during his employment, including workplace bullying, discrimination, and unjust dismissal.
His grievances involved claims that he endured continuous workplace bullying and discrimination, which adversely affected his job experience. Furthermore, he said that he was unjustly terminated by JRL and that he was owed outstanding wages by the company.
Meanwhile, JRL rejected Zhang's allegations, saying that he voluntarily resigned from his position.
Zhang's employment began in early 2019. He initially worked as a "contractor" but transitioned into an official employment relationship with JRL in August 2020 when he signed an individual employment agreement (IEA).
The agreement, while titled as an "individual contractor's agreement," is accepted by JRL as an employment contract.
On 4 May 2022, Zhang expressed his concern about a colleague's departure from the radio station and attempted to gather information about the situation. He said he wanted to understand the reasons behind his colleague's exit and clarify his own role in the matter.
The dispute arose when Zhang decided to confront one of the employer’s directors about allegations that she had wrongly blamed him for the colleague's resignation.
While on a call, his conversation about the matter was overheard by the director, who was standing outside the recording room.
The situation escalated rapidly when the director began to raise her voice, repeatedly questioning Zhang about whether he wanted to continue working at the station.
According to records, the nature of the exchange remained heated and resulted in both parties shouting. A recording of the incident revealed that “some form of physical altercation took place, with Zhang complaining that the director was pinching him, and a chair can be heard crashing to the ground.”
The employer called a meeting between the parties to resolve their differences. However, Zhang said he left the premises “feeling very sick and troubled.”
He also said that “when he got home, he felt overwhelmed with sadness and despair. He decided to resign from the job and sent in his resignation the same day via WeChat. He said the symptoms were severe, to the extent that he had physical as well as mental pain.”
An investigation into the incident concluded that the director’s actions did not constitute a formal dismissal of Zhang, although the Authority said that he resigned after the incident.
The Authority said that it was likely that “Zhang left the workplace distressed after [the director] spoke and behaved aggressively, shouting at [him] and physically handling him.”
“Zhang was left traumatised by the incident. [He] said he was in a state of shock over what had happened. It was entirely foreseeable that he would not put up with this course of conduct or could feel safe returning to the workplace,” it added.
“[While] he resigned, this is a dismissal by JRL,” the Authority said, ruling that he was unjustifiably dismissed.
It said the employer’s conduct was a “breach of good faith” and “JRL did not follow any sort of process leading up to the dismissal. JRL actions cannot be justified,” it said. Thus, it awarded compensation to the worker.
