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Nor'West News: November 28, 2017

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NOR’WEST NEWS Latest Christchurch news at www.star.kiwi<br />

Tuesday <strong>November</strong> <strong>28</strong> <strong>2017</strong> 3<br />

<strong>News</strong><br />

Fast food worker wins lieu day battle<br />

• By Emily O’Connell<br />

A WOMAN has won a threeyear<br />

battle with a fast food<br />

company to ensure employees<br />

across the country get their days<br />

in lieu.<br />

Wendy’s, which has 23 outlets<br />

in New Zealand, including one<br />

in Hereford St and in Hornby,<br />

has breached two sections of the<br />

Holidays Act 2003.<br />

Wendy’s employee Rose<br />

Williams went to the Ministry<br />

of Business, Innovation and<br />

Employment three years ago<br />

with the lieu day issue after she<br />

had been working at the Hornby<br />

restaurant for a year.<br />

Mrs Williams said Wendy’s<br />

staff were not being given a lieu<br />

day after working on a public<br />

holiday. She told Nor’West <strong>News</strong><br />

it feels “pretty good” to win the<br />

case.<br />

Unite Union, of which<br />

Mrs Williams is a delegate,<br />

has estimated it would cost<br />

Wendy’s $1.6 million to pay back<br />

employees’ leiu days.<br />

MBIE senior labour inspector<br />

Kim Baldwin found Wendy’s<br />

breached section 56 and 60 of<br />

the Holidays Act.<br />

Section 56 says an alternative<br />

holiday must be provided to<br />

an employee who works on a<br />

RIGHTS: Rose Williams has won a three-year battle against<br />

Wendy’s to give employees days in lieu when they work a<br />

public holiday.<br />

PHOTO: ANDREW KING<br />

public holiday if that day would<br />

otherwise have been a working<br />

day for them.<br />

Section 60 sets out how those<br />

employees should be paid for the<br />

alternative holiday.<br />

Wendy’s has been ordered<br />

to comply with the two<br />

sections, conduct a review of its<br />

restaurants and keep records of<br />

staff contacted, rosters and leave.<br />

It has been ordered to give<br />

all past and present employees<br />

from the Hornby and Dunedin<br />

restaurants their alternative<br />

holidays, or the equivalent<br />

pay since the restaurants were<br />

opened.<br />

Wendy’s has also been ordered<br />

to do the same for all other<br />

restaurants across the country<br />

backdated to July 1, 2012.<br />

Unite Union national secretary<br />

Gerard Hehir said it was “very<br />

happy” with the result.<br />

“We think it has significance<br />

beyond our dispute with<br />

Wendy’s actually,” he said.<br />

Mr Hehir said it’s hard to<br />

establish what would be a<br />

person’s normal working day<br />

in hospitality because of their<br />

variable shift work.<br />

“The problem we have with<br />

Wendy’s is they said no-one was<br />

entitled to one [an alternative<br />

holiday] at all, because hours<br />

changed occasionally,” Mr Hehir<br />

said.<br />

He admired how tenacious<br />

Mrs Williams was throughout<br />

the trial. Mrs Williams left a job<br />

at Countdown to raise her son<br />

Josh after her husband Murray<br />

died in a speedway crash 14<br />

years ago. She said her late<br />

husband was racing a sidecar<br />

at Ruapuna Speedway when he<br />

crashed and died instantly.<br />

She started working at<br />

Hornby Wendy’s four years<br />

ago.<br />

She said public holidays are<br />

the restaurant’s busiest days and<br />

it wasn’t fair to not get a day in<br />

lieu for working them.<br />

She plans to continue<br />

working at Wendy’s and has not<br />

encountered any problems while<br />

standing up for her rights.<br />

Wendy’s head office could not<br />

respond to Nor’West <strong>News</strong> before<br />

deadline yesterday.<br />

LAwyERS<br />

Local<br />

<strong>News</strong><br />

Now<br />

Fire rages, homes at risk<br />

Police target<br />

drivers outside<br />

St Albans School<br />

• By Julia Evans<br />

A SERIES of police operations<br />

have been planned in a bid to<br />

change driver behaviour in St<br />

Albans.<br />

The ongoing problem of<br />

speed, dangerous driving and<br />

inappropriate parking has been<br />

compromising the safety of<br />

pupils at St Albans School around<br />

Westminster, Trafalgar and<br />

Cranford Sts.<br />

However, yesterday police<br />

and the city council started an<br />

“education and enforcement”<br />

programme to address the issues.<br />

The “CHAOS at the school<br />

gate” operation will target any<br />

reckless drivers or vehicles<br />

parked inappropriately outside<br />

the school.<br />

If any parking offences are<br />

discovered, enforcement officers<br />

will record the car registration<br />

and take photos of the offending<br />

vehicle. An infringement notice<br />

would then be posted to the<br />

vehicle’s owner.<br />

An increased police presence<br />

has already helped reduce<br />

incidents, deputy principal Claire<br />

Howison told Nor’West <strong>News</strong>, but<br />

it is a matter of addressing them<br />

over the long-term.<br />

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