Three farm workers who say they are owed about $86,000 in unpaid wages are still fighting for their money.

They said this week they feared they would have no choice but to stop work as they could not keep grafting for free indefinitely.

But the men told how they did not want to quit because leaving the dairy would mean there was no one to tend to the cows, and not having a job meant they might have to leave the country.

A non-working farm would also be unlikely to sell for enough to recoup the money owed to them, they added.

But it was confirmed yesterday that insolvency papers have now been filed with the courts to wind up the dairy and pay off its creditors — including its staff.

The Royal Gazette revealed two weeks ago how the workers — one from the Philippines and two from Ecuador — were struggling to make ends meet and to support their families in their home countries.

The men — Nestor Tolentino, 57; Luis Quishpe, 44; and his brother Manuel Quishpe, 48 — work at Outerlea Dairy Farm in Smith’s, which is owned by Harry Kromer and managed by his son, also Harry.

His three employees said they worked at least 12 hours a day, seven days a week, but had not been getting paid properly for about two years.

They said they got up at 2am and worked until about 10 or 11am, often as late as noon. They then get a break until 3pm, when they resume work until about 8pm.

The brothers, who have worked at the farm for six and nine years, work seven days a week but Mr Tolentino, who has worked there for more than three years, gets a day off “because I have high blood pressure and need to rest”.

They estimate they are owed a total of $86,000 — one is owed about $25,000, one $33,000, the other $28,000 — in unpaid wages and overtime.

The men also said their medical insurance had not been paid for months and that they could not afford care should an accident or illness befall them.

Mr Tolentino said on Tuesday that they last received some money — a fraction of what is owed — in July from Stephen Dunkley, general manager of Dunkley’s Dairy, who had also been giving them food. Kind-hearted neighbours and businesses have also given food and gift certificates.

“Stephen Dunkley came here yesterday with food, he tries to help,” said Mr Tolentino. “Our last pay was in July, Stephen Dunkley gave us $5,000.

“We’ve had nothing else. We can’t keep working — someone has to find somebody to milk the cows.

“We don’t want to do this. We care about the animals and the farm needs to work so it doesn’t go downhill — we need it to sell so we get our money. There’s nobody else to take over our work.”

Mr Kromer Jr told The Royal Gazette two weeks ago that the “farm has been put into liquidation”.

At that time, his lawyer Ray DeSilva, of law firm Moniz & George, confirmed that Outerlea Farm was going through the insolvency process.

Mr DeSilva confirmed yesterday that the paperwork had now been submitted.

“We’ve filed a winding up petition with the court and insolvency is in process,” he said. “The next step is the court date.”

Mr DeSilva said he was speaking on behalf of Mr Kromer Jr, who did not respond to a request for comment, and said the workers would get paid after the liquidator took over.

Once an insolvency petition is filed to the courts, standard practice is that a liquidator will be appointed to wind up the company and pay off creditors.

It is not known how long this process will take in regards to Outerlea Farm, but a court date is expected within the next couple of weeks.

An offer to buy the farm before it became insolvent was turned down, but there are parties keen to take over.

“Mr Kromer Jr keeps saying we’ll get our money but the problem is when,” Mr Tolentino said.

The men, who live on the farm, said they were considering stopping work but feared they would end up with nowhere to live and could have to leave the Island. Given the mitigating circumstances of the money owed, they are hopeful the Department of Immigration would give them permission to seek new jobs if they are forced to quit.

The men complained to the Department of Workforce Development about their unpaid salaries on June 16 and an investigation was launched, but little could be done given the farm’s financial troubles and insolvency proceedings.

“The Department of Workforce Development does not usually comment on individual cases,” a spokeswoman said. “However, we will confirm that the Department has done everything under its power to assist.

“The set of facts are unfortunate. The Department encourages all workers, whether they be guest workers or Bermudians, to seek assistance and guidance early on in a dispute so that the Department can help before matters get beyond their ability to assist.

“It may be that an application to reside and seek employment is appropriate under the circumstances, but again the workers should make enquiries.”

Mr Dunkley said he was doing everything in his power to help the men and he met with them yesterday to reassure them that they would not have long to wait. “I’m confident it’s moving in the right direction now,” he said. “I’ve been in touch with the workers and I’m trying to make them as comfortable as possible.

“Now we know for sure that papers have been filed, that’s a good thing. It’s now moving forward.

“There’s interest in the farm, the three workers know about that.

“I’ve no problem helping people, it’s the right thing to do.”