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ISSUE
Friday, October 2, 2026
Volume 17 . Issue 39
An Auckland restaurant has been ordered to pay more than $44,000 to a chef after the Employment Relations Authority found he was unjustifiably dismissed and disadvantaged in a redundancy process, Stuff has reported.
The Employment Relations Authority (ERA) found Imperial Palace Restaurant & Event Centre breached its employment obligations when it dismissed wok chef Honglu Shao in February 2025.
ERA member Eleanor Robinson ordered the restaurant to pay Shao $12,000 for humiliation, loss of dignity and injury to feelings, $5,538.24 in lost wages, $23,847.12 in holiday pay arrears, $2,250 towards legal costs and $71.56 in filing fees, Stuff reported.
The employer was also fined $3,000 for failures involving wage and time records, holiday entitlements and its good-faith obligations. Of that penalty, $600 is to be paid to Shao.
The authority found Shao had been given a redundancy letter written in English, despite not speaking or reading the language, and was told it was a form that would allow him to claim government welfare benefits.
According to Stuff, Shao signed the document and later took it home, where his wife translated it. He then discovered it was a formal notice terminating his employment on the grounds of redundancy.
Shao had worked as a wok chef at the restaurant since July 2021. He averaged 96 hours a fortnight and was paid $37.41 an hour. His pay increased by $50 a week in May 2023, with the increase paid as $100 cash every fortnight, taking his hourly rate to $38.46.
The authority heard that Shao signed a new employment agreement in April 2023 after Kam-Tim Tong took over management of the restaurant, but he was not given a copy despite asking for one.
By January 2025, Shao's wages were being paid late. On 24 January, Tong told staff the business was experiencing financial difficulties and met with them about the situation.
The ERA found the employer did not provide financial information to support the redundancy decision and did not carry out consultation before giving Shao the termination letter.
Robinson found the employer had therefore failed to meet its statutory duty of good faith, Stuff report mentioned.
Shao's employment ended on 1 February 2025. He remained unemployed for about three weeks before securing another job.
The authority noted that the way the dismissal was handled caused Shao anxiety about his financial responsibilities and his ability to support his family.
The ERA also found restaurant directors Tong and Sik Fun Wong were knowingly concerned in breaches of minimum employment standards, Stuff has reported.
Robinson ruled that Tong and Wong are jointly and severally liable for Shao's $23,847.12 holiday pay debt if the restaurant is unable or fails to pay it.
An Auckland restaurant has been ordered to pay more than $44,000 to a chef after the Employment Relations Authority found he was unjustifiably dismissed and disadvantaged in a redundancy process, Stuff has reported.The Employment Relations Authority (ERA) found Imperial Palace Restaurant & Event...
An Auckland restaurant has been ordered to pay more than $44,000 to a chef after the Employment Relations Authority found he was unjustifiably dismissed and disadvantaged in a redundancy process, Stuff has reported.
The Employment Relations Authority (ERA) found Imperial Palace Restaurant & Event Centre breached its employment obligations when it dismissed wok chef Honglu Shao in February 2025.
ERA member Eleanor Robinson ordered the restaurant to pay Shao $12,000 for humiliation, loss of dignity and injury to feelings, $5,538.24 in lost wages, $23,847.12 in holiday pay arrears, $2,250 towards legal costs and $71.56 in filing fees, Stuff reported.
The employer was also fined $3,000 for failures involving wage and time records, holiday entitlements and its good-faith obligations. Of that penalty, $600 is to be paid to Shao.
The authority found Shao had been given a redundancy letter written in English, despite not speaking or reading the language, and was told it was a form that would allow him to claim government welfare benefits.
According to Stuff, Shao signed the document and later took it home, where his wife translated it. He then discovered it was a formal notice terminating his employment on the grounds of redundancy.
Shao had worked as a wok chef at the restaurant since July 2021. He averaged 96 hours a fortnight and was paid $37.41 an hour. His pay increased by $50 a week in May 2023, with the increase paid as $100 cash every fortnight, taking his hourly rate to $38.46.
The authority heard that Shao signed a new employment agreement in April 2023 after Kam-Tim Tong took over management of the restaurant, but he was not given a copy despite asking for one.
By January 2025, Shao's wages were being paid late. On 24 January, Tong told staff the business was experiencing financial difficulties and met with them about the situation.
The ERA found the employer did not provide financial information to support the redundancy decision and did not carry out consultation before giving Shao the termination letter.
Robinson found the employer had therefore failed to meet its statutory duty of good faith, Stuff report mentioned.
Shao's employment ended on 1 February 2025. He remained unemployed for about three weeks before securing another job.
The authority noted that the way the dismissal was handled caused Shao anxiety about his financial responsibilities and his ability to support his family.
The ERA also found restaurant directors Tong and Sik Fun Wong were knowingly concerned in breaches of minimum employment standards, Stuff has reported.
Robinson ruled that Tong and Wong are jointly and severally liable for Shao's $23,847.12 holiday pay debt if the restaurant is unable or fails to pay it.
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