Farm managers who quit after concerns about camera and unhealthy stock awarded unpaid wages

Cows on a farm Paul and Sheryl Johnstone managed were in poor health due to bad eczema and yearlings were unhealthy due to being overdue a worm drench, which caused the couple to quit. Photo / NZME

A couple employed as farm managers quit within a fortnight following concerns about the health of stock and feeling like they had to keep their home's curtains closed to avoid the gaze of a camera installed by their boss.

Paul and Sheryl Johnstone were employed fulltime and indefinitely by Robbie Singh, commencing on June 1, 2021.

Paul Johnstone's position of farm manager had a salary of $75,400, including a service tenancy valued at $10,400, while his wife's farm assistant role had a salary of $45,000.

However serious problems were identified as soon as the couple moved in, with the Employment Relations Authority (ERA) noting the carpets in the house were mouldy and the oven was not working.

"They were horrified to find the effluent system was not functional and that many of the paddocks had no power, water, or fences," ERA member Leon Robinson said in a recently released decision.

"It unsettled them to find some of the cows in very poor health due to bad eczema and unhealthy yearlings due to being overdue a worm drench."

A camera, installed by Singh just prior to their arrival, also caused the couple concern, Robinson said.

"The camera was fixed over the cowshed and had a full view of the service tenancy house they resided in. To protect their privacy, they kept the curtains closed all day."

Robinson said the issues caused the Johnstones considerable stress and they came to regard the situation as unmanageable and untenable, so they quit after just 13 days.

The couple were not paid for the time they worked for Singh so Paul Johnstone sought to recover $2900, and Sheryl Johnstone $1731 in wage arrears.

Singh failed to lodge a statement in reply within the time prescribed, took no other action to respond to the application and did not at any time apply for the ERA's leave to respond to the application.

An investigation meeting was scheduled for August 5, which Singh was advised of, but he failed to make any contact until it was already under way.

Robinson was made aware Singh had made contact and, anticipating he wanted to join the meeting, called him back.

"Mr Singh declined my invitation and explained that he had been unwell and was not able to co-operate," Robinson said.

Singh did explain he wanted to resolve matters and promised to pay the wage arrears into their bank account that same day.

He later reneged on the deal and Robinson accepted the unchallenged evidence they were owed the wage arrears they claimed.

Robinson ordered Singh to pay Paul Johnstone $2900 plus a $71.56 lodgement fee and Sheryl Johnstone $1731 within 28 days of the judgement.

Because the couple had been owed the money for more than a year, Singh was also ordered to calculate and add interest on the amounts.