Unjustified dismissal: Chinese TV founder awarded nearly $500k from ERA

The Employment Relations Authority has awarded former World TV executive Gary Chang almost $500,000 after he was successful in an unjustified dismissal claim against the Chinese TV network.

According to the ERA decision of member Nicola Craig, Mr Chang, who had helped found the business in 1998 alongside Henry Ho, Tony Keam and Masa Seikikawa, was dismissed because he had opted to sell his shares in the business.

The employment body awarded Mr Chang a total of $468,000, made up of about $289,000 in commission owed by World TV, $132,000 for loss of future benefits, $30,000 in gross lost salary and $17,000 to compensate for humiliation, loss of dignity and injury to feelings.

Mr Ho refused to comment on the decision, saying it was too early to determine whether the company would appeal.

Mr Chang has been approached for comment. 

In her decision Ms Craig noted that there was no written arrangement between World TV and Mr Chang in either an employee or contractor capacity but his role had included being chief operating officer.

World TV claimed Mr Chang had been dismissed due to “serious issues” including unfair attitude and a lack of leadership, and that he could be made redundant because other employees could perform his duties at no extra cost to the company.

However, Ms Craig says she did not need to make a decision on whether the behaviour was sufficiently serious to justify a dismissal, “I find that World TV put up with Mr Chang’s behaviour until there was another reason to take action, in this case Mr Chang’s intention to sell his shares, which motivated the company to act. Even if there were issues they were performance ones about which Mr Chang needed to be put through a proper process and that had not occurred.”

She adds: “In some ways Mr Chang presented a stoic person. However, I am satisfied that the dismissal, and the manner in which it was carried out, had a very significant and damaging impact on him.”

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