Auckland (The NZ Today)
An international student working at a luxury jewellery store in Auckland has been awarded nearly $28,000 after the Employment Relations Authority found she was unjustifiably dismissed during a meeting that ended with security escorting her from the premises.
Yucen Xi, a University of Auckland chemistry master’s student, worked as a client adviser at Qeelin in Newmarket through Silvertime Trading Limited.
The dispute centred on a meeting in July last year, when Xi was called in to speak with area manager Edwin Wu.
She was not told in advance that her employment could be at risk.
During the meeting, which Xi recorded, she was presented with two options — resign or face termination.
The ERA later found the company’s handling of the situation was seriously flawed and that its conduct towards Xi breached good-faith obligations.
According to the authority’s decision, the manager referred to previous concerns and a grooming policy, but there was not enough evidence before the ERA to establish the concerns relied on.
Xi did not resign.
She was told to hand over her key and leave the store, and mall security was called after she allegedly refused to go. She was then escorted out in view of other workers.
ERA member Simon Greening described the employer’s conduct as egregious and said the failure to act in good faith was deliberate, serious and sustained.
Xi was awarded $27,890.
She later told RNZ that the experience had a major impact on her mental health and studies, leaving her anxious, depressed and under financial pressure.
Xi said one of the reasons she pursued the case was to show other international students that holding a student visa did not prevent them from challenging unfair treatment at work.
She also raised concerns about how complaints were handled in the workplace, saying staff had little direct access to human resources or senior management outside the store.
Qeelin is owned by global luxury group Kering, which also owns brands including Gucci and Balenciaga. RNZ reported that neither Qeelin nor Kering responded to questions about the case.
The Migrant Workers Association said international students could be particularly vulnerable in workplaces because many rely on part-time income while studying and may not fully understand their employment rights.
Source: Employment Relations Authority decision and RNZ.
