Fill-in farm worker wins payout for unfair dismissal case

Farmhand Phil Stewart knew his job on David Lee-jones and Cathy Douglas’ farm would not last forever.

He signed a casual employment agreement for a two-week period that was renewed twice and did not apply for the permanent position he was covering.

An Employment Relations Authority ruling has found the arrangement was fixed term rather than casual, and the bosses were wrong to sack Stewart before three months was up without justification.

They have ordered Douglas and Lee-jones, a Federated Farmers Manawatu¯ -Whanganui arable section chairman, to pay $7705 in lost wages.

But authority member Mike Loftus dismissed Stewart’s claim for compensation for ‘‘hurt and humiliation’’, and the employers’ counter claim for $5000 over an allegation that Stewart left the property dirty and damaged, and took some items away with him.

Stewart started work on the farm in September 2016.

He said he thought he was taking on a full-time job with a trial period and did not notice the employment agreement he signed was a casual one.

The farmers were looking for a full-time employee and he thought his presence on the job would put him in ‘‘the box seat’’ to be appointed to the position.

However, he did not apply for the job, even after being prompted. Toward the end of October, Douglas told him the two-week contract would not be renewed a third time.

Stewart was told he could use his remaining time to pack up and leave, or could continue to work out his term. He said he was ‘‘shocked and stunned’’ and raised a personal grievance.

Although Loftus agreed the arrangement was of a fixed-term nature rather than a casual one, which meant the employers had to justify dismissal, but had not done so, there was no evidence to support a claim for further compensation.

Loftus said termination of employment was inevitable. It was just a matter of timing.

The employers’ counter claim that Stewart left the property damaged or unclean was dismissed.