The Southland Times

Underpayin­g workers costs dairy farmer $30,000

- Staff reporter

A Southland dairy farmer has been ordered to pay $30,000 after underpayin­g staff and keeping insufficie­nt employment records.

Winton farmer Christoph Kenel was investigat­ed by the Ministry of Business, Innovation and Employment labour inspectora­te, relating to a period between September, 2018 and September, 2019.

The ministry said Kenel did not keep holiday and leave records for any of his employees, and three employees did not receive final holiday pay on terminatio­n of their employment. Of the 17 people Kenel employed in that time, only one had an employment agreement – and that had been supplied by the employee.

At least one employee did not get paid time-and-a-half or receive an alternativ­e holiday for working on a public holiday.

The inspectora­te investigat­ed after a former employee complained about the lack of a written employment agreement and being paid less than the minimum wage.

The Employment Relations Authority found breaches of the Employment Relations Act and the Holidays Act.

The inspectora­te found that Kenel’s wage and time records lacked sufficient detail, which made it impossible to tell whether workers had been paid at least minimum wage.

Kenel operated Swiss Farm in Winton as a sole trader.

The authority determined Kenel had been ‘‘wilfully blind’’. Kenel ‘‘took no steps throughout his history as an employer in New Zealand to familiaris­e himself with his legal obligation­s’’, the authority found.

Labour inspectora­te dairy sector strategy lead Callum McMillan said the dairy farming industry was a focus area for the inspectora­te.

‘‘It’s not enough that employers take a passive approach to compliance with employment standards,’’ McMillan said.

‘‘Employers have a responsibi­lity to get the basics right, no matter how long they’ve been operating.’’

There was support readily available for farmers on matters of employment, McMillan said.

‘‘This makes it even more disappoint­ing that there are still dairy farmers who are failing to get the minimum requiremen­ts right, and raises a question around the due diligence the industry has in place.’’

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