Tanya Manteit-Mulcahy owns Tantex Holdings, which runs several McDonald’s stores in Brisbane Picture: Jono SearleSource: News Limited 26 November 2019 |
Wednesday 2 September 2020
McDonald's & Tantex Holdings spent a lot of money defending the indefensible over the last nine and a half months
The
Advocate, 31 August 2020:
A
Queensland McDonalds franchisee has been ordered to pay $1000 in
compensation to a worker denied toilet and drink breaks.
Tantex
Holdings, which operates six of the fast-food restaurants, has been
ordered to pay former employee Chiara Staines compensation by the
Federal Court on Monday.
In
its published reasons for the decisions, the court found Ms Staines
had been denied a 10-minute paid drink break on all but three
occasions while working at a Queen St Mall restaurant in Brisbane
from May 8, 2017 to June 15, 2019.
McDonald's
staff have been entitled to paid 10-minute drink breaks under
McDonald's Australia Enterprise Agreement 2013, which was approved by
the Fair Work Commission on July 24, 2013.
According
to the agreement, all employees are entitled to a 10-minute drink
break when they work a shift between four to nine hours.
If
they work more than nine hours, staff are entitled to two 10-minute
breaks.
This
is in addition to a meal break if working longer than five hours.
Ms
Staines told the court her work was fast-paced, hot with a constant
smell of food and the environment was stressful and demanding,
physically and mentally.
"Ms
Staines was denied a short respite from, what was by its nature, a
mentally and physically demanding job," Justice John Logan said.
Brisbane
businesswoman Tanya Manteit-Mulcah is the sole director of Tantex
Holdings, which conceded it had not provided Ms Staines with the
allowed breaks.
"The
drink break for which clause 29 of the Agreement provided was a
workplace right," Justice Logan found.
"So,
too, for reasons explained above, was a right, within the bounds of
reasonableness, to pause for a drink of water or to go to the toilet
during a shift a workplace right."
This
matter appears to have been before the Federal Court
- Fair Work Division for the last nine and a half months.
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