Over The Fence

Further implementation of bobby calf regulations

Last year new regulations for young calves were introduced and took effect from 1 August 2016; we covered this in Rural eSpeaking, Winter/Spring 2016.

On 1 February, a new regulation came into force; bobby calves are to be fed at least once in the 24 hours before slaughter (a reduction from 30 hours).

Further regulations are to take effect this year including:

• Proposed 1 August 2017: Suitable shelter will have to be provided for young calves before and during transportation, and at points of sale or slaughter, and
• Proposed 1 August 2017: Loading and unloading facilities will have to be provided and used when young calves are transported for sale and slaughter. The facilities must be designed so that a calf is able to walk on or off the transport.

Infringement fees and fees of varying levels may apply to those who do not follow these regulations.

Minimum wage review 2017

The government reviews the minimum wage each year. On 1 April 2017 the adult minimum wage will increase from $15.25 per hour to $15.75 per hour. The starting out and training minimum wage will increase from $12.20 per hour to $12.60 per hour.

We recommend you review all wage and salary structures to ensure your employees are paid at least the minimum wage at all times for hours worked.

It is well known that work required on the farm fluctuates throughout the year. You must ensure that your employees are receiving at least the applicable minimum wage rate for any hours worked at all times. This is the case even when your employees are paid a salary.

This may mean your employees’ pay needs to be topped up at certain times of the year to ensure they are paid at least the applicable minimum wage for the hours worked.

Keeping and maintaining accurate time and wage records is vitally important and a legal requirement of employers.

Tenant damage ruling overturned in the District Court

Many rural employers provide accommodation to staff as part of an employment package.

Recently a controversial decision of the Tenancy Tribunal, where a tenant’s dog ruined the carpets of a rental property, has been overturned on appeal to the District Court. This decision will be of interest to many in the rural sector.

The case involved a tenant’s dog urinating on carpet in a rental property. The damage was such that the carpets throughout the house had to be replaced. The Tenancy Tribunal found the tenant wasn’t liable for the damage caused as it wasn’t intentional. The tenancy agreement stated no pets were allowed.

The decision was overturned on appeal in the District Court. The tenant was ordered to pay for carpet replacement costs, court costs and lost rent. The judge was of the view that the Tenancy Tribunal adjudicator was wrong for finding that the tenant wasn’t responsible because the damage was unintentional.