Fired Supervisor Wins Job Back After Court Ruling

Sometimes what looks like a firing offense turns out to be a training gap that deserves a second look.

Byungok Jung, a supervisor at Asian Savour World (trading as Wang Trading) in Auckland, lost his job without notice after more than $65,000 in stock went missing from the company's North Shore store. He was one of 27 employees investigated, but he alone was fired for gross negligence after the company said he failed to personally inspect deliveries and properly supervise staff.

Jung admitted he'd made mistakes but argued he never received proper training or manuals for his role. He'd actually met expectations in his 2024 performance review just months before the dismissal.

Employment Court Judge Kathryn Beck saw things differently than the company did. She found Jung had a strong case that his actions were normal performance issues, not gross negligence requiring immediate termination.

The judge pointed out that Asian Savour's own employee handbook outlined a process for handling capability problems: informal discussions first, then written warnings, and only then moving toward dismissal. The company skipped those steps entirely.

The Bright Side

Judge Beck noted that while a financial settlement could replace lost wages, money can't replace a job or restore a damaged reputation. For Jung, who works within Auckland's Korean business community where he's built connections over six years, being fired for "gross negligence" carried serious professional consequences that affected his ability to find new work.

The company argued against bringing Jung back, claiming trust was broken and his return would disrupt operations. They also suggested he'd influenced other employees to file grievances, though Jung denied this.

The judge wasn't convinced by the "fractured relationship" argument, noting it relied on untested evidence. She found that a large organization with multiple stores could easily find Jung a suitable non-supervisory position that matched his skills while addressing the company's concerns.

Asian Savour was ordered to reinstate Jung within 14 days to a role substantially similar to his previous position. The ruling sends a clear message: employers need to follow their own policies and distinguish between mistakes that need coaching and conduct that warrants immediate dismissal.

Fair processes protect everyone and sometimes turn potential endings into fresh starts.