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Home / New Zealand

GM made to pick up bird poop awarded $20k

John Weekes
By John Weekes
Online Business Editor·APNZ·
29 Sep, 2014 04:48 AM3 mins to read

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The general manager was repeatedly told to pick up bird droppings. Photo / Thinkstock

The general manager was repeatedly told to pick up bird droppings. Photo / Thinkstock

A berry-farming restaurateur who allegedly made his manager pick up bird poop in front of other staff has been ordered to pay $20,000 for unjustifiably sacking two workers.

Wen Chuan Chien and his partner Wei Lin Chang started working at Sweethearts at Berryfields, a farm and boutique restaurant in Christchurch, last October.

But their employment relationship soon turned sour, and the Employment Relations Authority (ERA) upheld several claims against Sweethearts and its co-director Yu Yin, also known as Eagle.

Mr Chien was hired as general manager and paid $42,000 per year.

On his first day, he said, someone else was already employed as a general manager and both he and that person were "confused about what they would each be responsible for."

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But Sweethearts soon found tasks for the new general manager. Mr Chien and his lawyer Royal Reed said he worked up to 60 hours per week, sometimes at home on his own computer because Sweethearts didn't provide a computer at work.

Mr Chien also said a company car earlier promised him never turned up, so he had to use his own car for work duties.

He said he was repeatedly told to pick up bird droppings, once in front of other staff.

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And Mr Chien told Authority member David Appleton he often had to remind Mr Yin to pay staff on time.

On December 16, Mr Chien said staff weren't paid as expected. Mr Chien claimed when he mentioned this, Mr Yin became "very angry" and asked to see him and Ms Chang personally.

The couple were promptly fired.

Soon after, they said Mr Yin accused them of stealing $8000 from the business, and also accused Mr Chien of smearing the company name, causing Sweethearts to lose $100,000.

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Mr Appleton found this "absurd" since Mr Chien only started working there two months before.

Sweethearts denied all allegations. It said Mr Chien was dismissed in accordance with a 90 day trial and Ms Chang resigned voluntarily.

However, The ERA awarded Mr Chien $10,500 for lost wages and $10,000 for humiliation, loss of dignity and hurt feelings.

He was also awarded $161.52 for working two statutory holidays without being paid time and a half.

Mr Appleton told Sweethearts to pay Ms Chang $4816 for lost wages and $9628 for humiliation, loss of dignity and emotional harm.

Sweethearts did not return messages seeking comment, and went into liquidation one day after the ERA's determination.

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Ms Reed said the the firm owned real estate in Christchurch which could possibly be used to help pay out Ms Chang and Mr Chien.

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