Hundreds of thousands of McDonald’s staff have brought a class action against the fast-food giant for failing to provide adequate paid rest breaks, in what is being described as a “systematic failure”. Reports Australian Lawyers Weekly
McDonald’s has been accused of not providing staff with enough paid rest breaks for the duration of their shifts – some of which are over nine hours long. The joint investigation has revealed that workers Australia-wide?have not been receiving their?10-minute?rest?break?entitlements?under?both the McDonald’s Australian Enterprise Agreement 2013 and the Fast Food Industry Award 2010.
Under these, staff?are entitled?to a paid 10-minute break for shifts lasting between four and nine hours, as well as two paid?10-minute?breaks for shifts nine hours or longer.
The investigation, launched by Shine Lawyers and the Retail and Fast Food Workers Union (RAFFWU), follows a decision by the Federal Court in August 2020 that found that former McDonald’s employee Chiara Staines was not provided with paid 10-minute rest breaks when working shifts four hours or longer. Ms Staines was awarded the value of her lost rest breaks in addition to compensation for loss of amenity.
In September, the RAFFWU estimated that at least 250,000 McDonald’s staff were denied the breaks they were legally entitled to since 2015.
Shine Lawyers class actions?practice leader Vicky Antzoulatos said that since the launch of the class action investigation, the firm had been inundated with inquiries from short-changed staff.
“What we are alleging?is a systemic failure?across?the?McDonald’s network. This class action?has?hit a nerve for thousands of staff, both past and present, who have been victims of?the?workplace?breaches we allege,” she said.
“We are dealing with a class of vulnerable workers, mostly minors, who it appears?were systematically not provided with their entitled rest breaks.
“Remarkably, many worked in extreme heat?and other onerous conditions?for hours on end and couldn’t access the toilet or a drink. This conduct has in many instances affected the physical and mental?well-being?of the workers, and the?class action seeks?to hold McDonald’s to account.”
