Are paid breaks on the menu at KFC?
In recent legal developments, a class action lawsuit has been initiated against the fast-food giant’s employment law compliance.
NB: A class action is a court case which involves a group of individuals who come together to sue a single party.
Shine Lawyers and the Retail and Fast Food Workers Union (RAFFWU) are taking a closer look at KFC’s business practices following allegations that thousands of staff were prohibited from taking paid 10-minute breaks for shifts longer than four hours. The law firm and union are encouraging past and present KFC employees to come forward and join the class action in a bid to shed light on the ramifications for employers and encourage the protection of employees.
KFC spokesperson vehemently denied any improper conduct saying that “KFC Australia takes its obligations under the Fair Work Act…very seriously, including our obligation to ensure employees take the paid rest breaks they are entitled to.”
The discussion of a class action against KFC was swiftly followed by the contentious decision from Federal Court Justice Michael Lee in October to reject the SDA’s stay against McDonald’s workers being denied paid break.
RAFFWU secretary Josh Cullinan reported that since the landmark win Retail and Fast Food Workers’ Union Incorporated v Tantex Holdings Pty Ltd members have become much more vocal about not receiving paid rest breaks. This decision held that the franchisees breached clause 29 of the McDonald’s Australia Enterprise Agreement 2013 and thereby contravened s 50 of the Fair Work Act 2009 by misrepresenting to its employees that they were entitled to a paid 10-minute break only when working shifts of more than four hours, instead of four hours or more. The judgment exemplified that in addition to paid rest breaks, workers are also entitled to drink water or use the toilet outside of their scheduled breaks.
Current allegations suggest there has been a ‘complete failure by KFC to protect its staff’ leading to many employees having little faith in their employer to do the right thing, which is particularly poignant given that Shine Lawyers and RAFFWU estimated that around 90% of employees are under 24 years old.
How could this affect employers?
Are your employment contracts compliant with the Fair Work Act 2009?
Do you know which breaks your employees are entitled to and are they being utilised?
As lawyers working in the employment space, we have noticed an increase in employer clients seeking advice and direction about these complex award interpretations. If you need guidance or a review of your employment law practices, please don’t hesitate to contact us for a consultation.
This article is general in nature and is not legal advice. If you need help dealing with work break provisions or another employment law matter, or require assistance with updating your workplace contracts, procedures and policies, Voice Lawyers hear you.
We help people navigate the complexities of workplace laws with confident, practical advice. You can contact us at voice@voicelawyers.com, give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.
By Kayte Lewis & Leila Huthart.
