First case of a worker winning compo for zero hours breach
For the first time, a fast food company is compensating a worker for not being rostered their minimum guaranteed hours.
Unite member Samantha Wilson (right) and Unite delegate Kalien Howard celebrate a win over zero hours
Samantha Wilson has been working at KFC Kaikohe for three months and was supposed to be rostered a minimum of 22 hours per week last week, calculated at 80% of the hours she had worked over the previous quarter of the year.
Samantha was regularly coming in to work non-rostered shifts to help out when extra staff were needed at short notice, which boosted her minimum guaranteed hours. This is a fair part of the new rostering system whereby workers are rewarded with a higher number of guaranteed hours per week in return for taking up non rostered shifts.
However, last week Samantha noticed that she was only rostered for 12 hours over two shifts, 10 hours less than her guaranteed minimum.
Understanding that this would make it difficult for Samantha to pay her rent and bills, she applied for a short term loan from ASB bank to make up the shortfall in income.
On Monday morning, Samantha's union delegate Kalein Howard notified Unite Union and her union organiser Gary Cranston took the matter up with human resources as a breach of the new Guaranteed Minimum Hours clause in the collective agreement.
The company has agreed to backpay Samantha for the remaining ten hours not rostered under the new Guaranteed Minimum Hours system.
This is the first time that a fast food company has compensated a worker under the new guaranteed hours system that we have won through our campaign to End Zero Hour contracts in the industry.
Samantha would like to thank her union delegate Kalein and everyone who worked on the campaign to End Zero Hours in New Zealand's Fast Food industry.
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