Unite Union Special Spring 2014 txt 0294455702 e: joseph@unite.org.nz

Inside

Have you worked bankholidays for time and ahalf, but not been paiddays in lieu? You couldbe owed hundreds ofdollars. Find out moreon page two.

Get your Boots on!

Working in a restaurantis hazardous, especiallywith slippery floors andhot oil. The unionbelieve that the employershould provide propersafety boots. Read moreon page three.

Give us a Break!

All other fast foodworkers organised byUnite have 15 minutebreaks. Ten minutes isnot enough to doanything- Its time thatWendys changed.

Page four.

Owed Days in Lieu?

T h e We n d ysWo r k e r

TIME FORA CHANGE

Newsletter HeaderPage 2

Workers who work Mondayto Friday, 9 to 5, enjoy regularhours and a planned lifestyle.In addition to four weeksholidays minimum a year, theyalso get a further 10 days aweek statutory holidays, suchas Queens Birthday, BoxingDay, New Years Day, GoodFriday etc.

However, the law states that if

you work on one of these days,

that in addition to being paid

time and a half, your employer

must also give you a full paid

day's holiday on another day.

These are called "days in lieu"

or alternative holidays.

However, workers whose

hours are subject to change

sometimes dont know about

this right, and some bad

employers try to manipulate

the roster to cheat workers

out of their holidays.

Delegates at bargaining were

startled to discover that many

workers have NEVER had a

day in lieu in all their years

working at Wendys, despite

them working regularly on the

days in question. Has this

happened to you? If so, email

joseph@unite.org.nz

SICK LEAVE­ A LETTER TO CATHYHi Cathy,

I have some concerns whether thesick form in Wendys is accurate orlawful in all details.

1) the form asks staff to "ExcludeBreaks" from the hours off sick.This may be OK for unpaid breaksbut is not true for paid breaks.

2) To demand that the form becompleted correctly and signed or"SICK LEAVE will not be paid" isnot an accurate reflection of whattheir rights are under law. You havea legal obligation to pay sick leaveif requested. Filling out your formis not a legal obligation on staff.

3) Your explanation of when amedical certificate is required isnot lawful. The contract says that acertificate may be required if thesickness is for three or moreconsecutive calender days. Yourform says that the days include any

rostered days off "prior orfollowing" the sick leave. That isnot your right. You can't putrostered days off prior to sick leavebeing taken as part of therequirement. If the days off includea day prior to a rostered day offAND a day after a rostered day offthen you can claim the three days.But not in other circumstances.

This is the explanation on theDepartment of Labour website:

"The three consecutive days can’tbe interrupted by a scheduledbreak. For example, if anemployee takes a day's sick leaveon a Tuesday, then has a one-dayscheduled break on the Wednesdayand another day’s sick leave onThursday, the employee can beasked to provide proof of thesickness or injury even though theThursday is only the second day ofsick leave." (seehttp://www.dol.govt.nz/er/holidaysandleave/sickleave/informing-proof-

of-illness.asp).

You are NOT able to demand thatthe worker attend a "companyapproved doctor" within the threedays. The contract specifies thiscan only be done if three conditionsare met. These include:

1) the company have reasonablegrounds to suspect the leave is notgenuine.2) informs the employee as soon aspossible that the suspicion existsthat the leave is not genuine andproof may be required3) Agrees to meet the employeesreasonable expenses in obtainingthe proof required

Please amend the form to meetyour legal and contractualobligations.

Mike TreenUnite Union.

WHERE ARE OUR DAYS IN LIEU?

Issue 1 Page 3

Does the employer have toprovide safety boots for theiremployees?

Yes. Where a worksite hassignificant hazards that couldresult in injury to an employee'sfeet, the employer must providesuitable safety boots (or othersuitable protective footwear) at nocost to the employee.

When are safety bootsnecessary?There are two major types ofwork-related foot injuries:

punctures, crushing, sprainsand lacerations; and

those resulting from slips, tripsand falls.

Where there are hazards on theworksite that are likely to resultin these types of injury, thenprotective footwear must be worn.

Can an employer pay an employeean allowance to cover the cost ofsafety boots instead of actuallyproviding the boots?No. An employer may not pay anallowance in lieu of providingnecessary safety footwear.

Nor can the employer require anemployee to provide his or herown safety footwear as pre-condition of employment or as acondition of an employmentagreement.

What if my employee wants towear safety boots they havebought themselves?If an employee genuinely andvoluntarily prefers to providetheir own protective clothing(including boots) they may. Theemployer could let the employeepurchase their own safety bootsand then reimburse them for thecost on presentation of thereceipt. This would be acceptable,as long as the employer bears thefull cost, and ensures that theboots offer adequate protectionand that they are worn tominimise the hazard.

If the employee later asks theemployer to provide safety bootsand gives a reasonable period ofnotice, then the employer mustprovide them with the boots.

What about casual ortemporary employees, or thosewho stay for only a short time?Ownership of the boots remainswith the employer. The employercan require the employee toreturn the boots issued to them ontermination of employment.Alternatively, a condition can beincluded in the employmentagreement stating that a fixedamount will be deducted from theemployee's final pay if the bootsare not returned.The employer may not deduct abond from an employee's pay.

What does the law actuallysay?The Health and Safety inEmployment Act 1992 aims topromote the health and safety ofeveryone at work and of otherpeople in or around places ofwork. To achieve this, it requirespeople who are responsible forwork and those who do the workto take the steps to ensure theirown health and safety and that ofothers.

The specific requirement for theemployer to provide protectiveclothing (including footwear) iscontained in section 10 of theHealth and Safety in EmploymentAct. This section applies wherethere are significant hazards toemployees and elimination andisolation of those hazards isimpracticable.

The relevant parts of section 10states:

"(b) To provide, make accessibleto, and ensure the use by theemployees of suitable clothingand equipment to protect themfrom any harm that may becaused by or may arise out of thehazard."

In addition, section 19 of theHealth and Safety in EmploymentAct states that employees mustwear protective clothing andprotective equipment.

In Korea, they call it a 3Djob- dirty, dangerous anddisgusting! Working with foodwaste, hot oil, wet floors,means that accidents canhappen in the workplace.There is an onus on theemployer to provide a safe andhealthy workplace.

At the moment, Wendysprovides a shirt, but no pantsor boots. Delegates believethat the company should

provide a full uniform, but inparticular, a pair of decentworkboots.

Unite union workers in thecinemas won a clothingallowance, and the right towear Chuck Taylor shoes. Butthe Wendys workers claim isdirectly related to safety in theworkplace- we need boots withgood grip that are alsoresistant to hazards. We thinkthat this is a reasonable, butalso a LEGAL request.

Many other employers alsoprovide free tea and coffee fortheir workers- in SkycityCasino, Unite workers can alsoget free hot chocolate or Milo!Water must be provided free ofcharge in all workplaces, butits the small things, like tea,coffee and a pair of workboots, that make a worker feelvalued. A safe and healthyworker is a happy worker.

GET YOUR BOOTS ON!

WENDYS WORKERS CLAIMS

15 Minute Breaks

Free meal and drink (includingcoffee, tea, chocolate, softdrink). Free meal with drinkfor 30 minute breaks and15minute breaks with drinks

After 1 year service workersshould be entitled to 30 hoursminimum

Full uniform ; Hat, Shirt, Pantsand shoes. We are arguing thatboots are required underhealth and safety law.

Clarification (and backpay)around public holidays andpayments on day in Lieu

Performance Review that hasreachable targets

PROCEDURAL/OPERATIONS

Rostering Process – should bebased on seniority. No newhires until shifts offered toalready exisiting workers.

Closing Shifts going into PublicHolidays should be paid timeand half

Training; Cross Stationtraining, start to finish ofemployment, have access to itwhen wanted.

UNION CONTACTS

Queen St- Sachin Patel.Panmure- Anupreet Doad.Mt Wellington- Gabriel TagudinGreenlane- Dimpalben PatelLynfield- Robin RimalDominion Road- Raj Gupta andAliitasi MohetaueTe Atatu : Sanjay PasupuletiPapakura- Brian NgaumaManaukau- Kahu Singh

GIVE US A BREAK!