Farmer’s C-bomb contributes to $20,000 payout

A dairy farming business has been ordered to pay $20,000 compensation after its director was recorded using the word c... during a conversation with a former worker.

Kimberley Price was employed as a casual relief milker by Pinevale Farms from January 2020 to October 2021.

During that time, Pinevale’s sole director, Mark Hurst, failed to keep wage, time and leave records, underpaid Price by $25,000 and ‘‘constructively dismissed’’ her after their working relationship soured, the Employment Relations Authority has ruled.

At the beginning of her employment, Hurst and Price verbally agreed she would cover 10 milkings a week with a net payment of $70 for each, including holiday pay of 8%. No written employment agreement was signed.

Price’s day began about 5am with morning milking completed by about 9:30am. She would then have a break off the farm and return for afternoon milking.

In March 2020, Price agreed to take on some general farm work, including shifting equipment and fencing, as well as calf rearing. This change meant her break after morning milking was used for breakfast, and she would then return to the farm to complete the extra tasks before afternoon milking, finishing between 4pm and 5pm, she said.

In the same month, Price moved in to accommodation on the farm. Hurst set rent at $240 per week, with half of that to be free in exchange for Price working additional hours on general farm labouring tasks.

However, Hurst said Price did not pay the remainder of her rent and effectively lived rent-free. He also disputed her hours of work, saying each milking took two to three hours and that Price would take her break without doing much farm work.

Price said Hurst did not always pay her regularly or for all hours worked.

Hurst said Price was paid $700 per week regardless of how many milkings she covered and would sometimes be paid extra for additional farm work out.

He said Price was a difficult employee who had been given written warnings for animal welfare and communication issues.

Price said she did not have any disciplinary meetings and did not receive the warning letters produced during the authority’s investigation process.

In July 2021, Hurst learnt Price was looking for other work. Price said he got increasingly ‘‘snarky’’ with her.

According to her lawyer, a phone conversation on September 14, 2021, was the catalyst for Price leaving the job. The call, recorded without Hurst’s consent, began with discussion about scheduling a day off for Price who was ‘‘clearly expressing frustration,’’ authority member David Beck said.

‘‘Mr Hurst did then use the term c... in an offensive manner, but Ms Price’s response was not one of outrage. She repeated the word back to him, and he backed down from the suggestion he had made that Ms Price was being awkward in her leave request.’’

In his decision, Beck said Hurst’s use of the word c... during the recorded conversation went too far, and he was bluntly dismissive of her legitimate concerns.

His approach to the end of Price’s employment had undermined her confidence and wellbeing, and the impact was exacerbated by his personal attack on her credibility in caring for animals, Beck said.

The business was ordered to pay Price $20,000 in compensation for humiliation, loss of dignity and injury to feelings, as well as $25,800 in unpaid wages, unpaid holiday pay of $8287.13 and $2160 for working public holidays.