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Farm trio’s $86k wages fight

Outerlea Farm on Store Hill will undergo liquidation, no longer able to maintain their business. (Photo by Nicola Muirhead)

Three farm workers who say they are owed about $86,000 in unpaid wages fear they will never get their money now the dairy has gone bust.

The men — one from the Philippines and two from Ecuador — are struggling to make ends meet and need the cash to support their families in their home countries.

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

Mr Kromer Jr confirmed the “farm has been put into liquidation”.

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.

“Dairy farming is very hard work,” said Mr Tolentino, the farm’s foreman. “We don’t get paid regularly and it’s not enough — we get cheques for $1,000, $1,200, and we don’t get cheques every month.

“We don’t get payslips, so don’t know what hours that money is meant to be for. We are meant to get $15 an hour and $22.50 for overtime, but it works out about $10 or $11 an hour.

“It’s a lot of pressure, very stressful. We can’t afford to lose this money. We have families.

“We went to the Government’s Labour office on June 16 and they promised to help, but we’ve heard nothing.”

The men get up at 2am and work 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 they cannot afford care should an accident or illness befall them.

“It’s like Mr Kromer Jr doesn’t want to pay,” Mr Tolentino said. “He’s an absent manager; he doesn’t know farming.

“We ran out of food for the cows and had to borrow it from another farmer.

“It’s a hard job. We work outside in the mud and rain. We don’t care if it’s raining, we’re still working. We get kicked by cows — I was gouged by a bull last year, but I had insurance then.

“But we can’t just stop work. We need the money and we can’t walk away from the cows — it’s cruel to the animals.

“If they don’t get milked twice a day, then it hurts and they cry.”

The men, who live on the farm, also contacted the Association of Filipinos in Bermuda for help.

A representative of the organisation, Bermudian businessman Richard Powell, said “someone has to step in and get this sorted out”.

“They have received lots of promises and then they wait and nothing happens. No money,” he said. “Up until two years ago while the senior Mr Kromer and his wife were running it, the bills got paid and the wages got paid.

“The cows are still producing approximately the same amount of milk so where has the money gone? Is it really bad management?

“If it goes into receivership, it cannot suddenly close up like a store or warehouse. It is a working farm — the cows have to be fed and milked twice a day. Who will they be working for, the courts? Is the Government going to step in? Someone has offered to buy the business — why is it not being sold rather than declare bankruptcy?

“At this point, no one is doing anything.”

Mr Powell said the job was physically demanding and tiring and that few people would want the task.

“Most people don’t even know how hard a dairy farmer works,” he added. “How many people would work those hours or stay on the job without being paid? They have no social life and no money.

“And, they can’t walk away from the cows. They care too much. They’ve come halfway around the world and work very hard, to be treated so badly.”

The men said Stephen Dunkley, general manager of Dunkley’s Dairy, had approached Mr Kromer Jr on their behalf and had even paid for feed for the cows.

“I’ve been trying to work with Mr Kromer to help him with the situation,” Mr Dunkley said. “The farm owes us money too. I buy milk from Mr Kromer, so have tried to control the payment to pay the men. I’ve paid for the feed coming in this week.

“I’m told the farm is now going into liquidation — at last something is going to happen. The workers will get their money.

“I know there is interest in the farm and I’m very optimistic the men would keep their jobs. There was an offer on the table at one point, but Mr Kromer didn’t take it.

“I’m very optimistic these guys will keep their job and I hope when a receiver is appointed, they will contact Dunkley’s as I know there are people interested.”

Mr Dunkley also reassured the public that the farm’s financial troubles would not affect milk production on the Island.

“Everything is fine with the milk supply. There’s nothing wrong with the animals.

“Bermuda has a great quality milk and the supply has been very consistent.

“Outerlea is one of the bigger suppliers, but there are many farms on the Island.”

Mr Kromer Jr confirmed the “farm has been put into liquidation”.

“Everything is in the process of being sorted out. The employees will be paid once the farm is liquidated,” he added.

Mr Kromer Jr referred The Royal Gazette to his lawyer, Ray DeSilva of law firm Moniz & George.

Mr DeSilva said Outerlea Farm was going through the insolvency process and that “the men will get paid” because employees and the Government take priority when settling debts.

“The position at the moment is we’re going to file [for insolvency] very shortly and have an official receiver take over,” he added.

“The workers are owed arrears of wages. As to the figure they are owed, I don’t know. In terms of payslips, I’ve no idea in relation to that. We’re not looking to leave the workers out of the frame.”

Mr DeSilva said an offer had previously been made for the farm, but it would not have covered all of the debts owed.

“It’s up to the official receiver to decide what to do,” he added.

Minister of Home Affairs Michael Fahy said, in June, that mistreatment of workers would not be tolerated, following a report of alleged racial harassment by a Filipino community.

A spokeswoman for the Ministry said the men’s plight was being investigated.

“The comments made by the Minister in June are still supported by the Government,” the spokeswoman said. “While we do not comment on individual cases, we can confirm that this matter is being looked into by the Department of Workforce Development.

“Minister Fahy would like to reiterate that this Government will not tolerate abuse of any kind in the workplace and is here to provide support to both Bermudian and guest workers.”

The welfare of the cows is also being looked into by Environmental Protection.

“The Department of Environmental Protection are monitoring the condition of the animals to ensure that they receive proper care,” said a spokeswoman for the Department.

The Bermuda Health Council said workers should report employers who did not pay their health insurance to them.

“The Bermuda Health Council enforces employers’ compliance with health insurance obligations under the Health Insurance Act 1970,” said chief executive Jennifer Attride-Stirling. “We investigate all reports of non-compliance received from insurers, employees, healthcare providers and the public.

“If an employee is concerned that they do not have insurance cover, they should report it to the Health Council. All reports are treated confidentially.”

Editor’s note: On occasion The Royal Gazette may decide to not allow comments on what we consider to be a controversial or contentious story. As we are legally liable for any defamatory comments made on our website, this move is for our protection as well as that of our readers.

Outerlea Farm on Store Hill will undergo liquidation, no longer able to maintain their business. (Photo by Nicola Muirhead)
Outerlea Farm on Store Hill will undergo liquidation, no longer able to maintain their business. (Photo by Nicola Muirhead)
Outerlea Farm on Store Hill will undergo liquidation, no longer able to maintain their business. (Photo by Nicola Muirhead)