Northern Farming Lifestyles September 2011
Legal matters with Graham Day
How to fire a farm worker — and not get sued I recently read two interesting news stories about employment law. Because employment issues are a concern of many farmers I felt I should share these, and offer some tips to avoid common problems. In the first, the Employment Relations Authority found that a farming company unjustifiably dismissed a milker. After an argument in the milking shed the company director told her to ‘take your apron off and bugger off’. The worker was also called a ‘silly b****’. The argument started when the milker’s dog was found to be in the milking shed pit, which was against the rules. The company was said to have not followed ‘fair and reasonable’ procedures when dismissing her. The company was ordered to pay the milker $6,000 for ‘injury to her feelings’, over $4,000 for wages in arrears, and nine weeks lost wages and holiday pay (exact figure undisclosed, but approximately $4,000). The second story was about an annual report of the Authority’s decisions. The report indicated that around three quarters of employers who lost personal grievance cases did so due to inadequate procedures. The report also indicated that the average cost to an employer who defends employment proceedings and lost was $34,411. As the report has confirmed, and the above case illustrates, the steps to fire an employee are often insufficient. The dismissal is considered ‘unjustified’ simply because the employer has not gone through the proper process. So what is the correct process? How can you be sure you don’t fall into this trap? Case law has said there are minimum requirements which you must adhere to. These are: The worker must be: given notice of the specific allegation of misconduct; given notice of a meeting to discuss the allegation; told that dismissal could be
Ruarangi Quarry, Paparoa/Oakleigh Road, Ruarangi supplies a wide variety of aggregate, including excellent Quarry Run for farm raceways. Millbrook Quarry, Waipu, supplies among other aggregates, Waipu Stone for paving and
Enjoy this All American Favourite: Sloppy Joe with Greek One Spice®
Ingredients • 1 tablespoon extra-virgin olive oil, 1 turn of the pan • 1 1/4 pounds prime beef • 1/4 cup soft brown sugar • 2–3 teaspoons to 1 tablespoon Greek One Spice • 1 medium onion, chopped • 1 small red bell pepper, chopped • 1 tablespoon red wine vinegar • 1 tablespoon Worcestershire sauce • 2 cups tomato puree • 2 tablespoons tomato paste • 4 Hamburger buns
Directions Step 1. Brown meat in oil in a large skillet over medium to high heat. In a separate bowl, combine brown sugar and Greek One Spice then add to skillet, mix throughout. Step 2. When the meat has browned, add onion, red peppers red wine vinegar and Worcestershire sauce to the skillet. Reduce heat to medium, cook for 5 minutes. Step 3. Add tomato sauce and paste to pan. Stir to combine. Reduce heat to simmer and cook Sloppy Joe mixture 5 minutes longer. Serve on Hamburger buns
Spice up your life! Graham Day Solicitor, Law North Limited
the outcome of a planned investigation; given a real opportunity to explain or refute the allegation; and there must be an unbiased consideration of the explanation. By working your way through the steps above you will be in a much better position if you have to defend your actions. The key is to not fly off the handle and let the situation get out of hand. An employment law argument is like an avalanche: when the argument gathers momentum it can be impossible to stop it before it causes a big mess for those involved. As always, if you are unsure, take professional advice. Seeking advice and then acting on that advice is a sure-fire way to demonstrate that you have acted reasonably. Graham Day is a lawyer at Law North Limited in Kerikeri. He can be contacted on 09 407 7099 or gad@lawnorth.co.nz. Feedback and suggestions for future articles is appreciated.
Earthworks, Drainage, Roadworks Phone all hours A & S Contractors is a local family firm, and with their team, operate three quarries and offer a range of contracting services from farm and development road work, building sites, to spreading crushed metal on to roadways. Delivery is a specialty.
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building work, in colours from blue and green through to shades of terracotta. Landmark buildings of Waipu including Waipu’s House of Memories are fine examples of this beautiful stone. Waipu Stone feature rocks were the markers used for the ‘Heritage Trail’ of the history of the Waipu area. Brewer’s Road Quarry, Poroti has high grade Basalt Rock used mainly for embankment stabilisation and Coastal protection work.
Greek One Spice — Original • Use instead of salt & pepper • Cut back on your salt intake by 80% • Contains 84 essential minerals! ® • Gluten free & vegetarian. ‘Ask for it by name’ • One Spice products are all natural, no msg, low in sodium, made in Whangarei and packed full of flavour! Other products include: Salt Free Greek – Bacon One Spice Mexican One Spice – Cajun One Spice Seafood One Spice – Garlic & Chives One Spice & Lemon Pepper! Available at select New World, Bin Inn, SuperValue, Export Meats, The Bach, Arcade Meats, Kaiwaka Cheese Shop, O’Dwyers Butchery, Waipu Butchery
Receive a FREE e-cookbook at recipe@onespice.co.nz
09 437 2162
www.onespice.co.nz
Septic Tank Owners
How you can save money by keeping your septic system effective and healthy Septic tanks and multi-stage septic systems are delicately balanced environments. It does not take much to upset them. Common practice is to ignore the septic system until problems occur. Good and best economical practice is to always keep your septic system well maintained. A malfunctioning septic system can become a health hazard. When a system is not maintained or operated as a delicately balanced environment, problems occur. These problems include nasty odours, leach line blockages, untreated liquid rising to the surface, toilets gurgling and taking time to empty. At this stage your septic system is a serious health hazard to you and your children. Human waste produces faecal coliform bacteria, a source of viral and bacterial gastroenteritis as well as Hepatitis A and other diseases. Hepatitis can be a debilitating condition and cause long-term harm to children. There are only three remedies. One: stop using the septic system until it recovers. This can take over a month and is not normally practical. Two: excavate your septic system and relocate it. This is very costly and time consuming, sometimes requiring new resource consents and different systems. Three: treat your septic system with Septi-Cure™ every six months. Septi-Cure is Cost effective. By far the most cost effective solution is to pour one litre of Septi-Cure™ down each toilet bowl every six months. This simple action will help keep your system working at top efficiency by reducing solids and scum. Instead of emptying your tank frequently, the reduction in solids and scum saves you expensive pump out costs. Your irrigation field and leach lines will become clear of slimes and
b blockages so nature can handle the gradual seepage and evaporation for you. When this is happening your system will be operating effectively and not endangering you or your family’s health. What is Septi-Cure™ Septi-Cure™ is a concentrated mixture of selected naturally occurring microorganisms. These harmless tiny organisms live and multiply by feeding on waste material. When introduced to your septic tank system, they go to work straight away digesting waste material, reducing solids and scum, allowing your septic system to start operating to its maximum efficiency. As they progress through to your irrigation field they feed on the slimes that prevent seepage and evaporation. When seepage and evaporation return to normal, you have reduced the risk of contaminating groundwater and the environment as well as reducing the chances of infection for you and your family. Eventually, they get washed out of the system and have to be replaced to continue their work. This is why you introduce Septi-Cure™ to your septic system every six months for maximum efficiency. Ron Simpson of Hamilton has been using Septi-Cure™ for three years. He says this allows them to have an odour-free septic tank with low maintenance costs. He also says that his service person is amazed at how well Septi-Cure™ works, keeping their tank in very good condition. Problematic septic tanks – treat with Septi-Cure™.
Prevent septic system problems – treat with Septi-Cure™.
For Septi-Cure™- Call: 0800-109-202 Website: www.ecoworld.co.nz Also Available in Farmlands