ERA awards international student $27,890 for unjustified dismissal
The Employment Relations Authority (ERA) has awarded Yucen Xi, an international student, $27,890 after finding that Silvertime Trading Limited (STL) unjustifiably dismissed her on July 19, 2025. Xi was employed as a client advisor for Qeelin, a fine jewellery store in Newmarket, Auckland, and was fired on the spot without prior notice of the meeting’s purpose.
This ruling highlights a compliance failure within the retail operations of a brand owned by Kering, the global luxury group that also owns brands including Gucci, Balenciaga, Alexander McQueen and Bottega Veneta.
ERA finds STL acted egregiously in dismissal
The dispute centers on a 6 p.m. meeting on July 19, 2025, between Xi and area manager Edwin Wu. According to a transcript reviewed by the ERA, Wu did not inform Xi of the meeting’s intent but instead demanded her immediate resignation. Wu told Xi she had two choices: an “amicable separation” via resignation or termination, which he warned “will be done quite ugly.”
Wu asserted he was the “decision-maker” as store manager. He informed Xi she would receive no compensation because she was being fired. When Xi allegedly refused to leave, Wu called mall security, and she was escorted out of the building in front of employees from other stores.
ERA member Simon Greening noted that while Wu referred to a grooming policy and alleged Xi had not complied with it, there was no evidential basis to establish those concerns. The ERA concluded that STL’s failure to act in good faith was “deliberate, serious and sustained.”
Xi, a chemistry master’s student at the University of Auckland, stated the event severely impacted her mental health, leaving her depressed and anxious. She reported being unable to speak to anyone for a week due to the humiliation and the financial pressure of potentially being unable to complete her studies.
Lack of oversight at Qeelin and Kering
Xi expressed frustration over the absence of a functional reporting structure within the brand. She stated that employees were required to report issues directly to the manager, meaning if the manager was the one bullying staff, the process was meaningless. Xi claimed she was never informed on how to raise official complaints, never met with human resources, and had no contact with the Qeelin head office except for stock orders.
Both Qeelin and Kering maintain policies around cultivating a respectful work environment. However, when questioned by First Up regarding Silvertime Trading Limited’s conduct and whether any corrective actions would be taken, neither company responded. Representative Aimee Cai, an employment advocate for STL, stated the company would not respond to queries.
Vulnerability of international student workers
Anu Kaloti of the Migrant Workers Association (MWA) stated that international students are often vulnerable members of society in Aotearoa. Kaloti noted that many students undergo long and rigorous processes to arrive in New Zealand and may not come from well-off families, making them hesitant to challenge unfair treatment.
According to Kaloti, students may not be aware of their employment rights, or they may put up with exploitation because they cannot afford to lose their income while studying.
Xi maintained that her determination to pursue the case was rooted in a need to prove that holding a student visa does not preclude an individual from seeking justice.
“I need to prove that even [if] I’m holding a student visa, I can still go for justice,” Xi said.