A widow’s anguish: Caught in pay limbo

When she applied for ACC income support, no tax records for her partner found

A36-year-old widow, whose husband died last month in a workplace accident, has been handed a second shock after being told there was no record of him having had any income when she applied for support from the Accident Compensation Corporation.

Jamie Min Ji’s builder husband, Bo Sun, died after falling on a residential construction site in Pommes Way, Silverdale, on October 21.

According to an ambulance incident report, the 44-year-old had been working up high on the site, and was not wearing a helmet or any safety gear when he fell head first on to a concrete floor. Sun never regained consciousness and died a day later at Auckland Hospital.

Ji moved to Auckland from Shandong, China with Sun and their now 9-year-old son in 2016 in search of a better life.

On a work visa, Ji said she feared an uncertain future because she hasn’t been able to work since Sun’s death and was worried about how that would impact her visa status.

Ji was on a day off from her work as a junior chef on the day of the incident when she got a call from a friend asking her to contact Sun’s employer urgently.

“His boss told me Bo had a fall and was being rushed to hospital, I never expected how serious it was,” she said.

After Sun’s death, Ji applied for ACC support — which normally paid up to 80 per cent of the deceased’s earnings as loss of income support — but was told there were no tax records of Sun’s earnings.

Ji called Sun’s employer, Yangzi Limited, and claimed she was told by its director, Song Yang, that Sun had been “hired out” to another construction company, Chang Yun Construction Company — which was running the work on the site where he fell.

Yang was approached for comments, but did not return the Herald on Sunday’s calls or message.

Ji said the director of Chang Yun, Steven Wenbo Liu, also refused to take responsibility for his pay because he considered Sun to be a hired hand from another company, and not its employee.

Liu refused to comment, saying the matter was under investigation by police and other authorities. An ACC spokesman said the corporation was working with the employer, Inland Revenue and Ji to confirm details about Sun’s earnings. However, it had accepted the claim for Sun’s accidental death and would pay a funeral grant, survivors grant and weekly childcare payment which were not income related. “We are sorry to hear of Mr Sun’s sudden passing, our sympathies are with Min Ji and her family.”

An IRD spokeswoman said the department could not comment on individual taxpayers due to secrecy requirements under the Tax Administration Act.

WorkSafe said it was unable to provide further detail or comment as investigations are ongoing.

A spokeswoman said the Health and Safety at Work Act allowed 12 months from the date of first becoming aware of an incident for the investigation.

Ji said her husband loved New Zealand, and it was he who initiated their move from China.

“This is where he wanted our family to be, and where we can raise our son. He worked hard to put food on the table and make sure we are all okay. Never in my wildest nightmare did I imagine things will end up this way.”

Immigration NZ border and visa operations manager Nicola Hogg said Ji held a work visa valid until December 2021.

“Her inability to work does not affect her visa or immigration status. As such she and her son are able to remain in the country while her visa is valid. INZ is sympathetic to her situation and understands getting certainty for her, and her son’s, visa status is very important.”

He worked hard to put food on the table and make sure we are all okay. Never in my wildest nightmare did I imagine things will end up this way.

Jamie Min Ji