A Waikato berry farm and its director have been fined $120,000 for multiple employment breaches relating to more than 200 migrant workers.

Part of the fine, imposed on Matangi Berry Farm and its owner Jiubo Jiang by the Employment Court, will be paid to the affected employees.

The penalties are in addition to $45,000 paid back last year after mediation before the Employment Relations Authority.

Matangi Berry Farm's offending related to holiday pay and minimum wage breaches, failure to keep accurate records and not providing and retaining employment agreements.

READ MORE:

* Coronavirus: Dairy jobs on offer as Covid-19 lockdown stems flow of migrant workers

* Coronavirus: Work visa rules relaxed during lockdown

* Coronavirus: Kiwis grab horticulture jobs as Covid-19 reshapes labour market

* Waikato berry grower ordered to pay $76k for labour law breaches

Although the losses to individual staff were not significant – about $200 each for 207 employees – the company had received a 12 per cent commission for contracting them out to a local blueberry orchard, the Labour inspector said.

Judge Bruce Corkill ordered Matangi Berry farm to pay $86,400 and Jiang to pay $40,800, with each of the employees receiving $200 and the balance to be paid to the Crown.

The penalties would be paid in four equal quarterly instalments beginning on September 1.

Between November 2015 and October 2017, the farm hired out 207 of its employees for seasonal work at Blueberry Country in Ōhaupō.

SUPPLIED More than 200 migrant workers were affected by employment breaches at Matangi Berry Farm.

The workers were not provided with written employment agreements, instead signing a form with their personal contact details including IRD number, tax code and bank account.

Giving her evidence, labour inspector Christine McLean said she felt misled after discovering she had interviewed Jiang's son, Shuai, instead of himself.

That had made her investigation "more complicated and convoluted than it needed to be", she told the court.

In his evidence, Jiang said he could not speak or read English and needed to rely on English-speakers, including his son and other berry farm managers, to communicate for him.

His son had been appointed under a power of attorney to assist him with personal property and business matters in New Zealand.

Jiang said he thought this meant his son could act and speak on his behalf and sign his name on any documents.

He felt there was no difference between what his son said on his behalf and what he would have said.

Jiang said he did not know how to use internet banking and needed his son to make payments from the farm's account.

SUPPLIED Overseas workers traditionally fill many roles in horticulture.

"Undue reliance" on Blueberry Country had led to failures and breaches by Matangi Berry Farm, the labour inspector found.

Although confused, Jiang said he took responsibility as director of the company. .

Judge Corkill accepted Jiang's language issues compounded the breaches and meant he had relied on others rather than attempt to educate himself on fundamental employment principles.

Financial reports for the company between 2014 and 2019 show losses in three years, minimal to modest profit others, and modest shareholder salaries with PAYE deducted.

A very significant imbalance of power was obvious, with the migrant workers involved having limited English and no knowledge of their basic employment rights in New Zealand, Judge Corkill said.

"They were on working holiday visas in a foreign country, away from their family and friends."

However, through its director, the company had set up a system that "paid no heed to minimum employment standards".

"The status of the workers was not properly understood, and accurate records that would allow the workers entitlements to be checked did not exist,"

"While it was accepted that was not deliberate and was "no doubt catalysed" by the fact that Mr Jiang did not understand English, it meant that the objects of the Employment Relations Act were compromised, the judge said.

Although he gave Jiang and his company credit for making the agreed payments, the former employees would receive them three or four years after they were due and only after proceedings were issued.