ARTICLE · 10 SEPTEMBER 2020

Coercive adverse action found with denials of breaks

People + Culture Strategies

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Threats to the employees about the implementation of the 10-minute break met the threshold for coercive adverse action.

AustraliaEmployment and HR

Andrew Jose

The Federal Court of Australia ("FCA") has found that a McDonald's franchisee engaged in coercive adverse action in contravention of the Fair Work Act against employees in a social media post about employees going to the toilet or having a drink during their paid break time. This unusual case led to the FCA establishing that the denial of access as needed to toilet facilities or drinking water by an employer would be against public policy.

Background

The Retail and Fast Food Workers Union ("RAFFWU") brought the case on behalf of a former employee of a McDonald's franchisee based in Brisbane. RAFFWU alleged that the franchisee, Tantex Holdings, engaged in multiple instances of misrepresentation in contravention of section 345 of the Fair Work Act.

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