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Home / New Zealand

Camp manager worked 15-hour days for meager wage

APNZ
6 May, 2014 06:52 AM3 mins to read

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File photo / NZ Herald

File photo / NZ Herald

A South Island camp ground manager has been awarded more than $90,000 after the Employment Relations Authority found he worked 15-hour days for a less than $30,000 annual salary.

Keith Hill had been employed by Peter Shand as the manager of the Murchison camping ground from December 2010.

He went to the authority after he was dismissed for serious misconduct in February 2013 for "skimming" money from the business - a allegation the authority found was unjustified.

Christchurch authority member Christine Hickey said there was no written employment agreement but a verbal arrangement was made whereby Mr Hill would be paid $30,000 per year and would also be entitled to free accommodation in the house on site.

It had also been agreed that when Mr Shand ended his lease of the camping ground Mr Hill would be entitled to a share of the profits. However, the camping ground did not make a profit at least in the latter half of Mr Hill's employment.

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The authority heard that for periods of Mr Hill's employment, he was not paid in full because there was insufficient income from the business. Often when Mr Hill was paid, his pay came from another business operated by Mr Shand.

Mr Hill told the authority he had worked so many hours week that $30,000 per annum he would have been paid at less than the applicable minimum wage rates.

Christchurch authority member Christine Hickey said no time or wage records were kept and Mr Shand did not provide any evidence that Mr Hill's claims were incorrect.

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She therefore accepted Mr Hill's claim that he was paid $18,456 between April 2010 and March 2011, $20,610 between April 2011 and March 2012 and $5779 between April 2012 and March 2013.

Mr Hill's evidence, supported by an affidavit and not disputed by Mr Shand, stated that he worked on average 15 hours a day from 7am to 11pm in the peak season.

He also had to be alert throughout the night for any vehicle arrivals as some campers would come in late in an attempt to avoid paying fees.

In addition, his social life was constrained as he could not go out at night and leave the camp unattended and he was constrained as to the amount of alcohol he could consume in the evenings at home by the need to be constantly alert and available.

There was "not one shred of evidence" of any justification for dismissing Mr Hill for dishonesty, the determination said.

The authority upheld Mr Hill's claim of unjustified dismissal and ordered Mr Shand to pay him $69,560 in unpaid wages, $15,120 for wages lost following his dismissal and $7000 in compensation for humiliation, loss of dignity and injury to his feelings.

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