ERA rules that Christchurch farm exploited volunteer workers, fed them spoiled meat

January 11, 2018
Justice

The Employment Relations Authority has ruled that a Christchurch organic farm exploited two people through a volunteer labour scheme.

Volunteer workers on Robinwood Farms, operated by Julia Osselton, were paid $120 per week for up to 40 hours of work.

They were also routinely fed food found in supermarket waste bins, including spoiled meat, and living conditions were described as "inhumane".

Following a Labour Inspectorate investigation into the farm, the ERA ruled Osselton has to pay two workers $2600 each plus interest for wages and holiday pay.

The investigation began in 2016 after a client who used Osselton's services became concerned about whether the workers were being paid.

Further penalties are being considered, with a Labour Inspectorate spokesperson saying the Osselton could be liable for up to $20,000 per employee.

Robinwood Farms advertises itself as a Willing Workers On Organic Farms (WWOOF) organisation, and hosts volunteers with accommodation and food on the proviso they work four to six hours per day to earn their keep.

During the ERA hearing, Osselton maintained that none of the workers were employees, and that a $120 per week payment to each worker was only to refuel a farm vehicle that they used.

The two people receiving compensation spent time on the farm in 2015, but did not have employment agreement, minimum wages or holiday pay.

Stu Lumsden of the Labour Inspectorate said it was "not acceptable for businesses to attempt to evade their obligations by calling their workers volunteers and simply rewarding them with a bed and some food".

"This practice is unfair to businesses that do follow the law and pay their employees, and takes advantage of the good nature of travellers who may not know their employment rights," he said.

"Rather than enjoying a genuine volunteer experience, these people were exploited as free labour for the profit of Ms Osselton’s businesses.

"While Ms Osselton claimed that these workers were ‘WWOOFers’ engaged in a cultural and skill based exchange, and not employees, our investigation showed this was clearly not the case."

Any workers "being rewarded in a business at whatever level: are considered employees and minimum employment standards must be adhered to.

There are reportedly more than 2340 WWOOF farms in New Zealand.

The ERA has also previously ruled against one of Osselton's businesses, with more than $20,000 paid out to a man employed by here Karamea Holiday Homes operation.

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