Southern View: December 05, 2017

SOUTHERN VIEW Latest Christchurch news at www.star.kiwi
Tuesday December 5 2017 3
News
Lieu day decision could be appealed
• By Emily O’Connell
FAST FOOD giant, Wendy’s,
may appeal the decision on lieu
days.
Wendy’s chief executive officer
Danielle Lendich told Southern
View neither party won in the
determination.
“The authority member has
come up with an alternative interpretation
of law which is not
based on either parties’ submissions,”
she said.
But Hornby Wendy’s worker,
Rose Williams, thinks she’s
definitely won the battle.
Ms Lendich has until next
Wednesday to appeal the decision.
She said they are “currently
still interpreting the decision
and no decision has been made
whether to appeal or not.”
Ms Lendich said the outcome
will have repercussions for many
industries, not just hospitality.
Mrs Williams went to the
Ministry of Business, Innovation
and Employment three years ago
with the lieu day issue after she
had been working at the Hornby
restaurant for a year.
Wendy’s, which has 23 outlets
in New Zealand, including one
in Hereford St and in Hornby,
has breached two sections of the
Holidays Act 2003.
Ms Lendich said they have
been using the ‘three week’ rule
SUCCESS: Rose Williams believes she’s won the battle
against Wendy’s in spite of its CEO defending the company’s
actions.
PHOTO: ANDREW KING
to determine who is entitled to
alternative holidays.
“... a person who works the
same day of the week as the public
holiday for the three weeks
prior to the public holiday and
the public holiday itself is due an
alternative day,” she said.
Ms Lendich issued a notice
to all her employees last week,
letting them know about the
situation.
“However the decision does
not mean that everyone will be
paid an alternative day for working
a public holiday,” the letter
concluded.
Unite Union, of which Mrs
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Williams is a delegate, has estimated
it would cost Wendy’s $1.6
million to pay back employees’
leiu days.
MBIE senior labour inspector
Kim Baldwin found Wendy’s
breached section 56 and 60 of
the Holidays Act.
Section 56 says an alternative
holiday must be provided to
an employee who works on a
public holiday if that day would
otherwise have been a working
day for them.
Section 60 sets out how those
employees should be paid for the
alternative holiday.
Wendy’s has been ordered to
comply with the two sections,
conduct a review of its restaurants
and keep records of staff
contacted, rosters and leave.
It has been ordered to give all
past and present employees from
the Hornby and Dunedin restaurants
their alternative holidays,
or the equivalent pay since the
restaurants were opened.
Wendy’s has also been ordered
to do the same for all other
restaurants across the country
backdated to July 1, 2012.
Ms Lendich said they thought
their interpretation of the law
was right and it’s incorrect to
say Wendy’s employees have
not been receiving alternative
holidays.
But Mrs Williams believes
Wendy’s purposely change their
employees shifts so they don’t get
lieu days.
Ms Lendich said laws about
pay need to be black and white
and the Holidays Act 2003 needs
a “total overhaul.”
“Politicians should be more
aware of the laws they make
around these issues and be
totally clear on what the law
actually is,” she said.
But Mrs Williams said the law
doesn’t need changing.
She told Southern View she’s
had a lot of support from coworkers
and friends.
•Your views, p7
Local
News
Now
In Brief
Fire rages, homes at risk
BUS STOPS TO GO
The Halswell-Hornby-
Riccarton Community Board
approved the removal of
eight redundant bus stops in
Templeton at its meeting last
week. The stops are located on
Kirk Rd. The city council was
contacted by a resident who
stated they had sometimes
seen people waiting at the bus
stops for a bus which would
never come, and requested
removal of the signs.
BROCKWORTH MURALS
The community board also
approved a $2000 grant for
supplies for the Brockworth Pl
murals. The murals are being
painted by advocate advisor
Damian Holt. The funding
was from the board’s 2017-18
Discretionary Response Fund.
$10,000 ILAM BURGLARY
Jewellery, vitamins and
foreign money, to the value
of $10,000, has been stolen
from an Ilam flat. The house
was broken into last week
and the burglars took with
them what flatmate Carly
Fisher is describing as “very
sentimental and personal
items.” Miss Fisher said it was
especially disappointing as
they were moving flats in less
than a week.
Wishing you a happy
and safe holiday season
Thank you for your continued
support, I look forward to
working with you in the New Year
Kerryn Allan
Sunday 10 December 2017
Open to the public from 12 - 4pm
Lincoln University Dairy Farm, Shands Road, Lincoln
Contact: Kerryn Allan
03 399 3733 or 022 189 6678
www.smartrealestate.co.nz
kerryn.allan@smartrealestate.co.nz
Licenced
under the Real
Estate Agents
Act 2008