The Star: December 21, 2017

The Star 7
News
Latest Christchurch news at www.star.kiwi
Thursday December 21 2017
GOOD TIMES THIS
SUMMER
Wendy’s twist upsets lieu day fighter
• By Emily O’Connell
WENDY’S WORKER Rose
Williams is “very disappointed”
her union and the fast food chain
are now negotiating on lieu days
after she won a three-year battle
on the issue.
Mrs Williams went to the
Ministry of Business, Innovation
and Employment with the matter
after she had been working at
the Hornby restaurant for a year.
Wendy’s has not appealed the
decision.
“We haven’t received a challenge
that involves Wendy’s,” a
spokesperson said.
Unite Union national director
Mike Treen said they are consulting
with Wendy’s as to what
formula the company should use
to decide a person’s entitlement
to a lieu day.
He said the draft contract by
the union and Wendy’s uses a
‘seven out of 13-day’ rule.
So, if a public holiday is on
a Friday and the employee
works at least seven out of the
13 previous Friday’s, then the
employee would be entitled to a
day in lieu.
But Mrs Williams doesn’t
agree with this arrangement
and wants to know why fast
food companies don’t give lieu
days like other industries.
She says it should be simple: “If
you work on a public holiday you
get a day in lieu.”
Mr Treen said the law doesn’t
work that way.
“I would like that interpretation
but I don’t think it’s legal
and the authority [Employment
Relations Authority] didn’t think
it was a legal one either,” he said.
Mr Treen said they are doing
what they have been told to by
the authority.
“The authority said you’ve got
to make a determination in each
case but here are some guidelines,”
he said
Mrs Williams said Wendy’s
will work out a way to manipulate
the rosters like they are now.
But Mr Treen said mathematically,
they shouldn’t be able to.
“It’s very difficult to manipulate
without giving someone else
an entitlement they wouldn’t
have got, when it’s a majority,”
he said.
Wendy’s, which has 23 outlets
in New Zealand, including one
DISAPPOINTED:
After winning a
three-year battle
against Wendy’s
for lieu days,
Rose Williams
is not wanting
to settle on
an agreement
between her
union and the
fast food chain.
PHOTO:
ANDREW KING ​
in Hereford St and in Hornby,
was found to have breached two
sections of the Holidays Act
2003.
Wendy’s chief executive
Danielle Lendich said they have
been using the ‘three-week’ rule
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.
Employment Relations
Authority member Christine
Hickey 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.
Mr Treen said once the union
and Wendy’s agree on a method,
they will go back to the MBIE
to check “it meets their expectations
as well.”
Union members will then vote
on the new system – which is
expected to be put in place sometime
next year.
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Christchurch
Civic Awards 2017
The Christchurch City Council is
pleased to announce the recipients
of the 2017 Civic Awards
Kendra Burgess Naude –
Emerging Leader for Youth Advocacy
Canterbury Children’s Theatre –
For Community Service
City Harvest Food Rescue –
Emerging Leader for Community Service
Friends of the Akaroa Museum –
For Services to Culture and Heritage
Derek Errington McCullough –
For Community Service
Bruce McEachen –
For Community Service
Leith Ellen McMurray –
For Community Service
One Mother To Another Charitable Trust –
Emerging Leader for Community Service
Parafed Canterbury –
For Services to Sport
Bishnu Pokhrel –
For Services to Migrant Communities
Roy William Sinclair –
For Community Service
Anthony John Tizzard –
For Community Service
The awards were presented by
Mayor Lianne Dalziel at a ceremony
held on the 13th December.
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