Parlour owner suffers ‘injustice’ over $400 massage table
A Coast parlour owner embroiled in a legal battle with a former friend and colleague over a $400 massage table has suffered "a substantial injustice", a tribunal has found.
The Civil and Administrative Tribunal said a justice of the peace wrongfully ordered Orin McCracken to pay Natasha Nespoli $330 to solve the dispute.
"Ms Cracken has suffered a substantial injustice with the decision," tribunal member Michael Howe said.
"There was a clear error made which must be corrected."
Ms McCracken sold a second-hand massage table to Ms Nespoli for $400 and agreed she could pay it off while she worked for the parlour owner.
The dispute started when Ms Nespoli failed to pay the money for the table.
The tribunal said the pair had a physical fight when Ms McCracken came to look for the remaining payment at Ms Nespoli's home.
However, a justice of the peace found Ms McCracken failed to pay her former colleague's wages and ordered the parlour owner to pay $330 instead.
Ms McCracken appealed the decision with the tribunal.
Mr Howe said English was Ms McCracken's second language and the justice of the peace may have misunderstood the parlour owner.
"At minimum, it should have been clarified if not clear to the justice of the peace what she meant," he said. "It was not."
The tribunal found Ms McCracken to be credible and truthful.
Last month, it granted the appeal and ordered Ms Nespoli to pay more than $320 including outstanding money for the table, interest and fees.
However, the tribunal said the appeal was a small victory for Ms McCracken as she would be unable to recoup the fees for the tribunal application.
"Unfortunately for Ms McCracken, her victory will not be entirely satisfactory to her," Mr Howe said.