A West Auckland strawberry grower has been fined $6000 for failing to provide written employment agreements or keep accurate holiday and leave records. This is the second time the grower has been caught breaching basic workers' rights.
Kumeu grower, A and J Zaknic & Sons, had a long history of failing to properly pay seasonal workers or keep accurate records, despite receiving warnings, the Employment Relations Authority (ERA) said.
The company promised to fix the issues in December 2013 but the Ministry of Business, Innovation and Employment continued to receive complaints from employees.
Labour inspectorate regional manager, Kevin Finnegan, said, following subsequent visits to the farm between November last year and February, inspectors identified five more workers who either did not have employment agreements or any leave records.
"As we head into strawberry picking season there will be an influx of seasonal workers and the inspectorate will not hesitate to crack down on any growers who fail to meet their obligations," Finnegan said.
Workers must be provided with at least their minimum employment entitlements, including being paid minimum wage, having a written employment agreement, ensuring all holiday and leave is recorded accurately and that records are made available, Finnegan said.
There was no excuse for employers not meeting employment obligations, he said.
This was the first time the company had been fined by the ERA – although it had previously entered into an enforceable undertaking with the labour inspectorate.
Horticulture New Zealand chief executive, Mike Chapman, said a $6000 fine for breaches of employment law should be enough of a deterrent to small and medium sized businesses, which many growers are.
Horticulture New Zealand represents 5500 commercial fruit and vegetable growers and encourages all members to follow employment law, he said.
It would help members comply with the law by drafting a sample employment agreement and employment guide, available on its website from the start of the fruit picking season in November, he said.
Source: stuff.co.nz
