The
employee claimed he worked 95 hours per week in the business but the employer
was able to prove that the employee opened the business earlier and kept it
open later than he had been instructed to do.
They also
showed that, on occasions he claimed to be working, he was in another town many
kilometres away and on one occasion was building a deck on a friend’s property.
Although
the employer could not produce wage and time records to show the hours the
employee actually worked, it was the employee’s responsibility as manager to
keep those records himself.
The ERA
also rejected a claim that the manager was working when he slept over at the
hotel as that was his accommodation and he was not on call.
Alan
Knowsley
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