No snow day pay for fast food workers

Last updated 14:21 15/08/2011

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The Unite union claims the company that owns KFC, Pizza Hut and Starbucks will not be paying Canterbury staff for hours lost because of the snowstorm currently hammering the country.

Christchurch Unite organiser Matt Jones said in a media statement ''workers  have all been told they won't be getting paid for any lost hours during the latest snowstorm''.

Restaurant Brands, which owns the stores, could not be reached for comment. The company is listed on the NZX.

Jones said it is the second time the staff would miss out. ''When Canterbury was covered in snow last month Restaurant Brands didn't pay the staff their rostered hours,'' he claimed.

''We believe the company are legally obligated to pay their staff their rostered hours.''

With winter biting and many homes in Canterbury still earthquake damaged, Jones said it added insult to injury.

''We understand that the only option left to staff is to use what annual leave they may have, which is truly disgusting,'' Jones said.  

Barrister Blair Edwards, an employment law specialist, said the union was wrong in believing the company was legally bound to pay staff their rostered hours.

''No that's not correct - it's a similar situation to the earthquake as well,'' he said.

''It depends what's in their contracts but it's very unusual for a contract to include a clause that sets out a requirement to have a payment in this type of situation.''

What the company could do, Edwards said, was to discuss or contemplate other solutions.

''The alternative to them not being paid is they're paid some sort of leave in advance or something like that,'' he said.

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