South Australian McDonald’s workers are on the witness stand at the Federal Court this week, giving evidence that McDonald’s denied them their legal right to paid 10-minute breaks.
This SDA Union’s groundbreaking Federal Court is about fast-food workers’ legal rights to 10-minute paid rest breaks after working for 4 hours – and McDonald’s being legally responsible for what its franchisees do.
It is being heard in the Federal Court in South Australia this week and next week.
This trial is a test cases for more than 350,000 affected workers. More than 100 witnesses are scheduled to give evidence.
In this case, the SDA has applied for:
- Compensation for workers denied paid 10-minute rest breaks; and
- Orders that McDonald’s and its franchisees pay fines for breaching workers’ legal rights, including that McDonald’s pay fines for being an accessory to its franchisees denying workers’ legal rights to 10-minute paid breaks.
Workers from McDonald’s Collinswood and Munno Para in South Australia are giving evidence in a case that impacts hundreds of thousands of workers.
One witness is alleged to have been denied more than 850 paid 10-minute rest breaks, equating to over 8,500 minutes of unpaid work – or over 18 full working days.
This trial is running over nine weeks, taking evidence in Sydney, Adelaide and Melbourne.
This case is separate from the SDA’s Federal Court case, where the SDA has applied for compensation for McDonald’s managers working without pay before and after their shifts; and fines against McDonald’s and its franchisees regarding this.
Quotes attributable to SDA SA&NT Secretary, Josh Peak:
“Young workers – often in their first jobs – should be able to rely on a massive company like McDonald’s to do the right thing.”
“Young workers often won’t have the confidence to challenge their employer about whether they are getting their legal rights.”
“Sadly, the SDA’s case is that McDonald’s let down young Australians and made them work when they were legally entitled to a paid break.”