Anyhow with winter fast approaching many dairy farmers will be looking for winter grazing. The question is how many of you have got agreements?
In the dairy industry most of the employment disputes happen during summer when everybody is busy. However in the spring there are always grazing arguments.
As always the best way to protect yourself is by putting everything down clearly in writing.
Dairy farmers are paying $23.00 a hear per week plus and my clients tell me for that amount of money they expect their stock are going to be well fed. The problem about a lot of grazing agreements (if the parties have one at all) is often it is left unclear how much it is expected stock will be fed. Hence the accuracy of measuring the feed on hand becomes very important. Remember also this year it is expected there is going to be a feed shortage (or at the very least feed is going to be expensive).
You need to work out what the stock owner’s expectation is. What does the stock owner expect to get for his or her X dollars per head per week. Work this out at the start of the agreement. Do not leave it until half way through and certainly not until the end. Either both parties have to realistically agree at the start or at least have agreement about who a realistic intermediary will be if there are arguments.
From a lawyer’s perspective one thing I have found helpful is for stock to be continually monitored by the owner. Then at least if things are going wrong and stock risk losing too much condition then things can be addressed sooner rather than later.
If I was the landowner I would take photographs of the stock when they arrive. In the days of digital cameras it is not that difficult. It is just that if you do not have a record of how the stock came onto the property then it becomes your word against the owner’s word. Before you say the woman is mad why should we get out and individually 200 cows – that is not what I am saying. What I am saying is take a few photographs when they arrive which will give a general indication of their condition. If there are any that look a bit skinny I would take a photograph of them and note their number.
I would also take photographs of the stock when they left my property. That means that if they leave the property in a decent condition you have got proof of how they left – it is not your word against somebody else’s.
We can all remember a few seasons ago when dairy cows were worth significantly less than they are now. An issue that should be addressed in agreements is cow deaths. If each cow is worth around $2,500.00 per head you can be sure that there are going to be arguments around who is responsible if a few too many die over winter.
Work out in your contract who is responsible for cow deaths and what is an acceptable rate before there is compensation.
These are just some of the issues. One thing I know is as night follows day there will be arguments between people about grazing. Once again you put yourself in a stronger position (whatever side you are on) if agreements are entered into that set out clearly what the parties expect.
This article originally appeared in the Southland Times Work To Rule column. Mary-Jane Thomas is head of Preston Russell's employment law team. Contact her by clicking here
