Office clerk prevails over definition of farm worker
CBC News
Posted: Oct 23, 2012 9:40 PM CST
Last Updated: Oct 23, 2012 10:05 PM CST
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A woman who worked an office job for a cattle ranch has prevailed in a long running court battle over the definition of farm work.
Nancy Holdner did administrative duties for Rocking Hills Cattle Company, near Kenaston, Sask. She complained she was owed $6,280 for such things as overtime pay and working on public holidays.
Holdner claimed she was entitled to payments under Saskatchewan's Labour Standards Act.
However, the ranch argued its employees are not covered by all elements of the Act because of a provision that exempts anyone "employed primarily in farming, ranching or market gardening".
Holdner won the case, but appeals were filed.
The matter was due to be argued before the Saskatchewan Court of Appeal however the ranch decided not to proceed.
An official from the ranch told CBC News the legal fees were becoming too costly.
Greg Tuer, executive director in the standards branch for the labour ministry, said the case law has been moving to a more narrow definition of farm work.
"We've had a number of cases over the years where we've really shaped this application of the Act," Tuer said. "What this one boiled down to is she was an office manager, she was a bookkeeper, she was doing administrative work. And [she] wasn't doing farm, agricultural-related work."
With files from CBC's Kathy FitzpatrickShare Tools
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