• Full Story

Penalty angers sauna maker

Print

Fri, 03 Feb 2012 9:34p.m.

An Auckland sauna company owner is all steamed up about a recent Employment Relations Authority decision (file pic)

An Auckland sauna company owner is all steamed up about a recent Employment Relations Authority decision (file pic)

An Auckland sauna company owner is all steamed up about an Employment Relations Authority (ERA) decision awarding more than $8000 to a worker.

The ERA has awarded Martin Clark $4000 in lost wages, $3000 for hurt feelings, $750 in unpaid wages, $116 in holiday pay, $500 as a penalty and sundry smaller amounts.

Mr Clark argued he was dismissed unjustifiably by The Swedish Sauna Company Ltd.

However, the company said Mr Clark was never hired but was given a work trial to test his abilities, which were found to be unsatisfactory.

Owner Bede Burgoyne told APNZ he had closed the business and he would go to jail before he paid a cent.

He said it was "virtually impossible to employ in this country".

Mr Clark defended his performance abilities and the ERA accepted his view because the company did not appear at the hearing.

Mr Clark was dismissed without any form of disciplinary procedure having been undertaken, the ERA said.

The company did not have a written employment agreement with Mr Clark so could not invoke the trial period regime in the Employment Relations Act.

The act prevents an employee from bringing a personal grievance in specified circumstances.

NZN

Become a fan of 3 News on Facebook and on Twitter.

Post a Comment

Before commenting, please take the time to read our moderation guide


(Won't be published)



Comments

04 Feb 2012 11:09a.m.

Longtack wrote:

What's complicated about getting a written agreement, and telling the employee before dismissal what he needs to do to get it right? The employer not appearing surely says something about him?? BTW, yesterday I was assaulted and threatened by my boss. Will I complain and get him sacked or will I just roll over and say that the odds are stacked in the employer's favour, and nothing will happen?

03 Feb 2012 11:25p.m.

katrina wrote:

I agree it is no wonder jobs are not opening up in NZ. People are to scared to employ as it is very complicated here and everything is in favour of the employee. What was not disclosed in this reporting is how long was he 'on trial for?' because it is a pretty hefty fine for a SME.