Sauna boss steaming over ERA decision

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A sauna company owner says he will go to jail before paying a former worker more than $8000 compensation for less than three weeks' work.

Martin Clark began building and installing saunas for The Swedish Sauna Company last May year, and was dismissed from the Auckland business three weeks later.

He took his case to the Employment Relations Authority claiming he was dismissed unjustifiably. He sought compensation for unpaid wages, holiday pay, penalties for good breach of faith, return of property, failure to provide a written contract and hurt feelings.

Sauna company owner Bede Burgoyne said Mr Clark was never employed by the company but was on a work trial, and was not up to standard.

Authority member Rosemary Monaghan ordered the company to pay $8406 to cover personal grievance, injury to feelings, unpaid wages, reimbursement for petrol, holiday pay and for breaching the Employment Act.

The sauna company also has to pay $71.56 to reimburse the authority's filing fee paid by Mr Clark.

In May last year, Mr Clark answered an online advertisement for a builder/cabinetmaker for a West Auckland-based sauna business.

Mr Clark described himself as a "jack of all trades'' who had no formal building qualifications, but had 10 years experience in the building industry, the authority ruling says.

After a second meeting with the company on May 9, Mr Clark began installing a sauna for a client.

In his second week with the company, Mr Clark was told there was no work available. In his third week Mr Clark was asked to do four days work installing and building another sauna for a client.

On or about May 30, Mr Clark was told he was not required anymore because he was "too slow''.

The authority ruled in favour of the applicant after a hearing on January 23. Representatives for the sauna company failed to show up on the day.

At the hearing, Mr Clark defended his craftsmanship and denied allegations he lacked speed and confidence.

Mr Burgoyne told APNZ he missed the hearing because he got the date wrong. He said the 21-year-old sauna company had gone under over Mr Clark's complaint to the authority.

"I've closed up into voluntary liquidation because of this.'

He said it was the final straw in a situiation that made it "virtually impossible to employ in this country''.

"I'll never employ again. I will go to jail before I pay that man one cent.''

Mr Clark was working for the company on a trial basis for $20 an hour, he said.

"I didn't give him a building contract, because he hadn't got to that stage. We were seeing if he could do the job which he'd proved beyond doubt that he was incompetent.''

He said Mr Clark was slow and taped sections of wood to one client's wall when working to install a sauna, which was incorrect installation process.

Attempts to contact Mr Clark were unsuccessful.