Third SA McDonald’s franchisee faces legal action in Federal Court for allegedly denying workers paid breaks

A third McDonald’s franchisee is facing action in the Federal Court over paid breaks – taking the total number of workers suing the three franchisees to more than 250.

Legal action has been launched against a third South Australian McDonald’s franchisee in the Federal Court – this time for 25 employees who claim they were denied paid rest and drinks breaks.

The Shop, Distributive and Allied Employees Association (SDA) lodged the action on Friday, taking the total number of employees suing three SA franchisees to 266 across 15 restaurants. The workers are seeking thousands of dollars in compensation.

In the latest action, the union alleges IA & DM Robson Pty Ltd deliberately denied workers paid rest and drink breaks.

In its statement of claim, the SDA alleges 25 former and current crew members at restaurants in West Beach, West Lakes, Woodville, Port Adelaide and Fulham Gardens were denied paid 10-minute drink and rest breaks between May 2015 and November 2020. The franchisee also owns stores in Arndale and Croydon.

According to the McDonald’s enterprise agreement, all employees are entitled to take 10-minute drinks breaks during shifts longer than four hours.

“Regular complaints were made by employees to the employer about the failure to give drink and rest breaks to employees who worked four hours or more, and those complaints did not result in those employees being given 10 minute drink or rest breaks,” the union alleges in the documents.

A third McDonald’s franchisee is facing court action. Picture: Sarah Matray

The action follows the original claim against Olle & J Pty Ltd, which has increased in claimants from 14 to 61 and the recent action filed against Delbridge Investments Pty Ltd. It is expected the number of claimants involved in that action will increase on Monday when fresh documents will be lodged with the Federal Court, taking the number of claimants from 55 to 180.

A separate action against Delbridge Investments involves 22 workers at McDonald’s Murray Bridge who are seeking damages for alleged incidents involving violence, verbal and psychological abuse by management.

SDA secretary Josh Peak.

One of the claimants, Joshua Kaye, 22, worked at McDonald’s West Lakes for seven years until January.

“For six years, I never received a paid rest break,” he claimed.

“Talking about our break entitlements was generally a taboo topic at work, so we avoided bringing it up.”

Another claimant, Brock Hedges, 25, worked at the Fulham Gardens restaurant between 2014 and 2017, but claimed he never received a paid rest break.

“I was never told about rest breaks … and only became aware that they existed in my last year at Maccas,” he said.

SDA secretary Josh Peak said thousands of McDonald’s workers had reached out to discuss their concerns about their time at the fast food chain.

“It should not have to keep coming to this,” he said.

“The SDA has now lodged Federal Court action against three franchises, on behalf of 266 workers, across 15 restaurants just to ensure thousands of workers can get their basic entitlements.

The Advertiser attempted to contact both McDonald’s and the franchisee on Sunday, but no-one was answering calls.