McDonald’s staff join class action against the fast-food giant over breaks

Thousands of McDonald’s workers have joined a class action against the fast-food giant over alleged “system failures”.

Thousands of McDonald’s workers have joined a class action against the fast-food giant accusing them of not allowing staff to have their breaks.

It comes after the Federal Court found former employee Chiara Staines was not provided with paid 10-minute rest breaks when working shifts four hours or longer. The court heard that the franchisee misrepresented the nature of the breaks and Ms Staines was paid the value of her lost breaks.

Following this decision, the Retail and Fast Food Workers Union and Shine Lawyers launched an investigation into the work practises of McDonald’s across Australia.

McDonald's is accused of not providing staff with their entitled breaks.

Shine Lawyers class actions practice leader Vicky Antzoulatos said they will allege “systemic failures across the McDonald’s network”.

“This class action has hit a nerve for thousands of staff, both past and present, who have been victims of the workplace breaches we allege,” she said.

“We are dealing with a class of vulnerable workers, mostly minors, who it appears were systematically not provided with their entitled rest breaks.”

She added that many staff worked in hot conditions without access to a toilet or something to drink.

In Australia, McDonald’s workers are entitled to a paid 10-minute break for shifts between four and nine hours, and two paid 10-minute breaks for shifts longer than nine hours.

Brayden Gobel is one of the former staff members who joined the class action.

He worked for McDonald’s from 2017-19, it was his first job through school and while working he battled a heart condition that caused fatigue.

“McDonald‘s was aware of my heart condition when they hired me and still never gave me the 10-minute break I was entitled to,” he said.

Current and former McDonald’s workers who worked at any corporate-owned McDonald’s store from December 2015 to December 2021, and any franchised McDonald’s store from September 2017 to December 2021 are eligible to register their interest.

A McDonald’s spokeswoman told news.com.au said they recieved the filing on Tuesday and were ‘taking the time required to consider the matter’.

“The claim against McDonald’s Australia is related to 10 minute rest breaks. McDonald‘s Australia is mindful of its obligations under applicable employment laws, including the Fast Food Industry Award and the former enterprise agreement,” she said.

“McDonald’s believes its restaurants complied with applicable instruments, provided rest breaks to employees and were consistent with historic working arrangements. We have received formal notification of the filing today and are currently taking the time required to consider the matter.”