Rural Employers

WE’RE HERE TO SUPPORT RURAL EMPLOYERS

Running any kind of farming operation brings with it unique challenges, especially when it comes to employing staff. Having workers living on farm, being family members, or even the physical nature of the job can all complicate the working environment. Having good employment law practices is more important than ever in this setting, but is often overlooked. We understand that as a farm owner or manager, you need efficient, practical solutions to staffing issues when they arise. Our experienced employment law team regularly support farming and rural clients and are well placed to set you up for success.

Help! A Personal Grievance….

A personal grievance can feel like a kick in the teeth when you’ve invested a lot of time and energy into a staff member, and it can hit you in the pocket too if not managed correctly. We help our farming clients respond to personal grievances, including strategic advice on what (or not) to say, drafting letters and running meetings with the employee, attending mediation, and appearing in the Employment Relations Authority when necessary.

>> Download our Employer Guide to Personal Grievances

I’m hiring….

Getting the onboarding process right when bringing a new person onto your farm is a crucial first step in managing your employment relationship. Unfortunately, there’s a bit more to it than just inserting a name into the “big green book.” We help agri-employers reduce their risk while maximising their flexibility when hiring new staff, including advice about the right type of employment agreement, 90-day trial periods, probationary periods, visa requirements, and offer letters.

>> Download our Employer Guide to Employment Agreements

I have an employee issue…

Employers and workers are both only human, and inevitably, there will be times when an employee is not meeting the standard expected, or outright makes some poor decisions which impact on your farm. We help you to manage employee issues including strategy, preparation for investigation meetings, preparing appropriate letters to employees, advice on timeframes and developing performance improvement plans.

>> Download our Employer Guide to Handling Employee Misconduct

I have workers living on my farm…

If you have workers living in one of your farm houses or workers’ accommodation, you will need a service tenancy agreement or clauses(s) in your employment agreements. Often these arrangements are done “on a handshake” and this can cause difficulties down the track. We can assist you to evict ex-workers who won’t leave where there is no written tenancy agreement, and better still, can help you set up service tenancy arrangements properly to avoid problems in the first place.

>> Download Farmers’ Guide to Service Tenancies

I need to fire someone…

When you’re in a hands-on business, you need everyone in the team to be on the same wave length. Sometimes it’s clear an employment relationship is not working out. Often employers have decided the outcome they want (to exit an employee) but need help to get there in a compliant way. We work with you to determine the best route and appropriate fair process to exit an employee, with urgency if the situation demands it. This includes advising on performance management, suspension and warnings, and termination of employment.

>> Download our Employer Guide to Terminating Employment

I think there’s drug use going on…

Unfortunately drug and alcohol abuse can be more of an issue in isolated rural environments. If you suspect an employee is using drugs in your tenancy, or drug/alcohol use is impacting on their work, we can help you to manage the situation. We can assist from helping you put a robust drug and alcohol policy in place, through to advice on the right process to follow when dealing with suspected drug use and possible employment sanctions.

>> Download Farmer’s Guide to Drug and Alcohol Testing

Sarah and Ben run the family farm, milking 200 cows in Northland. Their family trust employs a farm hand, Hannah, who lives on the farm in the workers’ house. However, Hannah has been late to the milking shed a few times lately, and seems to always have an excuse to avoid fencing work. Sarah and Ben both work really long hours on and off farm and are feeling frustrated. Ben has zero tolerance for “lazy people” and wants to tell her to pack her bags, but Sarah isn’t so sure. They give their lawyer a call, and with their support in the background, Sarah and Ben meet with Hannah and develop a compliant performance management plan for her which includes training from Ben and regular check-ins. This gives Sarah and Ben options going forward – Hannah has the support needed to pick up her game, or if she doesn’t, there’s a good foundation for taking further disciplinary action if needed.

Ben and Sarah’s story*

Rachel runs an avocado orchard and has a strict no drugs philosophy at work, due to the physical requirements of the job and the machinery used. When speaking to Pete, a fairly new orchard assistant, Rachel notices he seems unfocused and he smells like dope. Rachel is furious, but resists the urge to raise her voice at Pete. She sends him on a break, and immediately phones her lawyer for advice – she doesn’t want to risk getting the process wrong and jeopardise the rest of her team or her business. Her lawyer asks her if she has a drug and alcohol policy she can rely on, with a “just cause” clause. Fortunately, she does, so Rachel advises Pete that she proposes to suspend him for health and safety reasons and that she requires him to undertake a drug test. She gives Pete a chance to give her feedback, and then proceeds with the suspension while she waits for the results of the drug test. She and her lawyer then talk through what she will do next, depending on what the results say.

Rachel’s story*

Michelle runs a sheep and beef farm and employs a new farm hand, Sean, who also works in a labouring job part time. Michelle invests in Sean by allowing him to live on the farm for free, giving him some tools and paying for a safety course. Sadly, Sean’s attitude goes downhill; he is bad-tempered at work, absent often and mentions he’s considering leaving. One day Michelle, under considerable stress, yells at Sean in frustration when he’s being particularly unhelpful. Later, Michelle invites Sean to a meeting to talk but he doesn’t show. Michelle then receives a personal grievance from Sean, claiming constructive dismissal after the incident, and asking for $20,000. Sean also refuses to leave the property. On speaking to her lawyer, Michelle realises she doesn’t have a signed service tenancy, and many of the benefits she’s given Sean also aren’t in writing, which doesn’t help her position. However, through negotiation and advocacy, her lawyer organises an exit package that settles the employment relationship and Sean finally leaves. The drawn-out experience shows Michelle the importance of having good documentation to allow her to act swiftly when required.

Michelle’s story*