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McDonald’s is facing a $250million wage theft claim after a union representing staff alleged they were being denied their entitled paid breaks.
This week, The Shop, Distributive and Allied Employees’ Association (SDA) lodged documents with the Federal Court seeking compensation for 250,000 current and former workers of the fast food giant.
Staff are entitled to a paid ten-minute break if they work four hours or more, and two breaks if they work more than nine hours.
But the SDA allege staff at hundreds of McDonald’s restaurants around Australia weren’t being given their designated breaks.
McDonald’s is facing a $250million wage theft claim after a union representing staff alleged they were being denied their entitled paid breaks
The union claims staff weren’t told about their entitlements and were told if they wanted their paid break, they couldn’t stop work to get a drink or to go to the bathroom.
Others were allegedly told they could have a free soft drink instead of their break.
SDA national secretary Gerard Dwyer said the claim would send a message that ‘systematic exploitation’ of young staff wouldn’t be tolerated.
‘Across their restaurants, McDonald’s demands consistency. They make sure each restaurant can put two beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun,’ he said.
‘It’s simply not believable that these breaks weren’t denied on purpose.’
If the claim is successful, it would be one of the biggest of its kind in Australia.
Secretary of the South Australian SDA Branch, Josh Peak, said young staff needed to be protected.
‘It is really outrageous behaviour to be tricking young people into thinking they are not entitled to go the toilet if they utilised their paid entitlements,’ he told ABC Radio Adelaide Breakfast.
‘Workers never got their paid 10-minute rest break and when workers did ask for it, they were told ”we don’t do that here because you can go the toilet whenever you like”, which is completely ludicrous.’
One worker Isabelle, who was hired at a McDonald’s in Adelaide’s CBD, said in the five years she worked there she was never given a paid drink break.
Instead, she said she could take drinks breaks throughout her shift, but added they were only less than a minute long, and she had to return to work immediately.
The Shop, Distributive and Allied Employees’ Association (SDA) this week lodged documents with the Federal Court seeking compensation for 250,000 current and former workers of the fast food giant
‘I’d spoken to my bosses about it, and they just told us that we didn’t get them, they chose to do something different, and that it was legal, it was all fine,’ she said.
She added that often managers would be ‘angry’ with staff if they asked to go to the bathroom or to have a drink.
‘I remembered thinking, what do I need more? Do I need a drink more or do I need to go to the bathroom more — and then you just pick from there,’ she said.
McDonald’s has denied the allegations and intends to fight the claim.
‘McDonald’s believes its restaurants complied with applicable instruments, provided rest breaks to employees and were consistent with historic working arrangements,’ a spokesperson said.
‘Those arrangements have been known to the SDA for many years. The manner of taking breaks has not been challenged or raised by the SDA as a matter of concern throughout successive enterprise bargaining processes for new industrial agreements.
‘We are very mindful of our obligations under applicable employment laws, including the former enterprise agreement and the Fast Food Industry Award, and continue to work closely with our restaurants to ensure employees receive all correct workplace entitlements and pay.
‘We value our employees highly and the great contribution they make to the success of the business.’