Farm fight leads to $7500 fine

An ‘‘ugly’’ fight on a midCanterbury farm over a dog and animal feeding duties has led to a $7500 pay out for an ex worker.

The Employment Relations Authority (ERA) found Ross Deed was unjustifiably dismissed from his job and ordered his former employer to compensate him for causing emotional harm.

Deed was employed to maintain a rural property near Glentui, owned by Bushnell Nominees, in January 2016. Matthew Bushnell is the company’s sole director.

According to the judgment, the trouble began when Deed started helping feed the farm animals.

One of the other farmhands, Zach Miln, left to travel to Britain in July 2016, with the expectation he would later return.

Deed then started taking on the job of feeding the animals, which he said was the highlight of his job, but that changed when his employer handed over ‘‘feeding duties’’ to another employee.

When he asked the manager about it, Deed said he was told to ‘‘go and shovel some dirt’’.

Bushnell admitted Deed helped out with feeding, but was never promised the task permanently.

A dog called Bev was soon embroiled in the fracas. Bev was owned by Miln, but looked after by Deed while Miln was away.

Deed said he handed the dog back when Miln returned, but Bushnell said Deed ‘‘kidnapped’’ the dog and physically threatened Miln.

An argument erupted over how much Deed had spent looking after the dog, but no claims were filed.

Bushnell and Deed then quarrelled when Deed hurt his shoulder in January 2017. Bushnell questioned whether Deed had been injured on the job, though Deed did receive ACC and time off.

The farm feud came to a head in February when Deed tried to get more time off and Bushnell told him that his hours were likely to be reduced. Bushnell said Deed got ‘‘very angry’’ and did not give him a chance to explain that Miln was returning in March. Deed said he took the incident as a dismissal.

ERA member David Appleton found there was a misunderstanding between the two men: Bushnell had not dismissed him and Deed had not abandoned his duties, though both men assumed as much by mid-March.

Appleton said the onus was on Bushnell to correct any misunderstanding, especially when he received a letter from Deed’s lawyer saying he thought he had been dismissed.

Appleton awarded Deed $7500 in damages for ‘‘humiliation, loss of dignity and injury to his feelings’’. Bushnell was ordered to pay $3300 in owed holiday pay.