Farmer’s claim against former employee rejected

This spring’s national lamb crop is forecast to be 22.8 million head, 0.9% higher than in 2020,...
PHOTO: PETER MCINTOSH
A Waitaki Valley farmer’s claim a former employee should pay back nearly $15,000 in wages not worked, air fares and visa fees has been rejected following an Employment Relations Authority hearing.

The claim came after a former employee of Stonelou Farming Ltd, of Ikawai, lodged a claim with the authority shortly after he left Stonelou in December 2022.

Elfie Abonitalla, in his initial claim, said he had been "unjustifiably disadvantaged and dismissed" by Stonelou.

Stonelou subsequently claimed costs for a variation of work visa on behalf of Mr Abonitalla, $2816 for air fares, and $11,022 it said was salary paid but not worked.

Mr Abonitalla denied he owed Stonelou anything and he has since returned to the Philippines.

In its determination of August 21, the authority dismissed Mr Abonitalla’s claim of being unjustifiably disadvantaged and dismissed because it could not establish the basis for his claim.

It said contact with Mr Abonitalla had gone cold, including his failing to appear before the authority on August 8 in an online hearing to establish the claim.

Mr Abonitalla was employed by Stonelou from May to December 2022.

Stonelou did not accept Mr Abonitalla had been disadvantaged or was dismissed.

The authority decision noted evidence and text messages showed Stonelou director Stafford Adams had been generous to Mr Abonitalla throughout the employment period.

But the basis for any reimbursement to Stonelou was not clear, the authority said.

Evidence shown did not constitute a formal agreement that what Stonelou had paid on behalf of Mr Abonitalla would be "a loan he would repay", the authority said.

These related to pay in July and August 2022 while Mr Abonitalla returned to the Philippines for a family emergency.

There was also pay for a period of illness on his return.

"The payments were not payments by mistake or under duress supporting a right to some equitable remedy," the authority said.

"Arguably they could be seen as a payment in advance of a sick leave or holiday leave entitlement."

Stonelou had paid for two airfares on behalf of Mr Abonitalla due to the family emergency in mid-2022.

Mr Abonitalla missed the first flight and Stonelou paid for a second airfare as a result.

"It is clear from the text messages between Mr Abonitalla and Mr Adams this was regarded as a loan."

A text from Mr Adams before the authority told his employee the airfare money could be taken out of Mr Abonitalla’s four-week holiday entitlement after 12 months work.

However, the final pay breakdown left doubt whether holiday pay was ever paid out, the authority said.

"In those circumstances it must be credited towards the flights and it is unclear what amount, if any, is still owing for these."

On that basis the authority declined to make an order against Mr Abonitalla.

It also said there was no evidence to support Stonelou’s claim its payment for variation of work visa conditions was a loan.