Farm Owner Penalised for Failing to Pay his Farm Manager's Wife

During the second season Caroline Harrison worked on a casual basis for Dairy Farm owners Arthur and Diane Boyte. She stepped in to do the work of farm manager for six weeks. Her husband Kevin had been employed to do the work but he had a motorbike accident in mid-2016, preventing him from working. The Boytes refused to pay Caroline for the six weeks' work. Not surprisingly a personal grievance was raised.

Back in August 2015, the Boyte’s had been looking to recruit a replacement farm manager after the previous one resigned. At the same time, neighbours were raising concerns about animal welfare and the condition of the Boyte's farm.

In response DairyNZ sent a team, which included experienced farm management consultant Mark Macintosh, to investigate the complaint. He found the farm to be in "very poor condition … and in need of significant repair". He also noted the stock appeared to be stressed and were emaciated.

Macintosh assisted the Boytes to look for a replacement manager and Kevin Harrison was later hired. Having initially declined the role because of the poor condition of the farm and farm house, Harrison agreed to take up the job conditional on his wife Caroline being able to fix up the house and give her husband a hand when necessary.

The Harrisons agreed to begin work on a casual basis until the farm house was fixed. Caroline Harrison agreed to be paid $20 an hour for the work she did on the production of regular timesheets. 

In June 2016, Kevin had a motorbike accident and Boyte agreed that Caroline would step in as the farm manager until he recovered, at which time he would re-employ her to help on the farm. ​In November 2016 Caroline received an email stating that as she was only a casual relief milker she was not entitled to payment for the six weeks she had worked to cover her husband’s position.

Caroline said she was "gutted" and also embarrassed by the Boyte’s decision not to pay her and tried to put on a brave face but was at an "absolutely low point" in her life.

The personal grievance was raised and the Employment Relations Authority (ERA) found in favour of the employee. "This was a serious and deliberate breach of Mrs Harrison's employment and was not the action of a fair and reasonable employer in the circumstances," the ERA said.

The Boytes Partnership was ordered to pay $10,103 in unpaid wages and holiday pay, $9785 for Caroline Harrison's personal grievance claims and a $1000 penalty for failing to keep employment records.