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ARTICLE · 15 DECEMBER 2015

Dairy Matters: employment law

This edition of Dairy Matters covers issues relating to employment law: unfair dismissal, compliance and health & safety.

New ZealandReal Estate and Construction

In this edition we look at:

  • Reduced remedies for employees unjustifiably dismissed where a flawed procedure did not change the outcome.
  • Crackdown on breach of employment law requirements: Ministry of Business, Innovation and Employment enforcement action against dairy farmers.
  • Farm bike safety: reminder that helmets must be worn on quad bikes even when off-road.

Unjustified dismissal for animal cruelty does not result in remedies

Employers should take some respite in a recent Employment Court case, where a dairy worker dismissed for animal cruelty was not awarded any financial remedies, even though the dismissal was considered procedurally unjustified.

In Waterford Holdings Limited v Morunga, the herd manager, Mr Morunga, was dismissed for serious allegations of animal cruelty, including driving farm bikes into stock, slamming gates into stock, and kicking at stock. Following the dismissal, Mr Morunga raised a personal grievance for unjustified

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