Payout for abandoned employee

A Queenstown tourism business has been ordered to pay $48,000 after ghosting an employee during the pandemic.

Southern Lakes Sightseeing Tourism Ltd employed Francesco Garino Canina as a tour operator in the resort from May 2019 to November 2022.

Italian national Canina told the Employment Relations Authority he worked from his Queenstown home, operating a van and arranging sight-seeing tours that were booked online.

He'd only met the company's sole director and shareholder Zibo Liu at his interview in April 2019 and on one other occasion in Christchurch.

He was paid on a fixed contract of 40 hours per week, at a rate of $26 per hour.

In October 2021, Canina emailed Liu to say he was owed 13 weeks' pay and was having trouble operating the businesses' Xero accounting package.

Liu responded saying she had just returned from China to New Zealand after the Covid-lockdown and was of the belief the business was not trading, and proposed "close till December what do you think and I will pay you as I owe you".

But there was no further communication beyond this. He emailed Liu on 27 November 2021 noting his unpaid wages were now 21 weeks in arrears and asking if he should sell one of the company vans to get his money back. She did not respond and remained incommunicado.

Canina conceded the business was impacted by Covid-19 and the lack of international tourists in New Zealand.

ERA member David G Beck, in a written decision, said Liu abandoned her responsibilities to wind up the business and resolve employment issues with him.

"Mr Canina was effectively dismissed or made redundant in circumstances when he could have expected his employer to engage in a consultation process."

Beck awarded $27,040 in unpaid wages, totalling 26 weeks, comprising the 19 owed weeks plus seven weeks' pay for notice and consultation period, and $2,163 in holiday pay.

He also awarded $15,000 in compensation and Canina's $4000 legal costs.

"Mr Canina impressed as being patient and honourable person who despite being ill-used by his employer sought to maintain the business and its assets whilst he was not being rewarded," Beck said.

Despite this, he was afforded "no respect or dignity from Southern Lakes Sightseeing and Ms Liu who simply abandoned her responsibilities as the company director and sole shareholder".

Neither Liu, nor anyone representing her business, took part in the proceedings.