A manager at a prominent Auckland hotel has apologised to staff after trying to enforce the flexible tea break law before it comes into effect.
An employee of the manager's, who wishes to remain anonymous, says everyday he and his colleagues meet to discuss the day ahead.
But last Wednesday, he says, the manager brought up the issue of 10-minute breaks for the first time.
"She said that she'd spoken to the general manager of the hotel about it, and she understood that it was now her right to decide when we take them."
The employee and his colleagues started at 8am and were due to finish at 3:30pm or 4pm. They were told they could not take a 10-minute break before 3pm because it was a busy day, but were still allowed their unpaid 30-minute break at 11:30am.
The current law says workers are entitled to two paid 10-minute breaks and one unpaid 30-minute break if they are working between six and eight hours.
But under the Employment Relations Amendment Bill, which was passed in Parliament last month, meal and tea breaks will no longer be fixed.
"She didn't specify that she was acting under the amendment," the employee says. "She said she 'now' had the power, implying she didn't before, [which] led me to assume that that is what she was talking about."
He didn't question his manager but sought help from Unite Union, who told him the amendment does not come into effect until March next year.
Unite has since made a complaint with the hotel and Labour Minister Michael Woodhouse.
"I think it's probable that they [manager] misunderstood when the legislation is [coming into effect], because it's such a clear breach of the current law," says Unite Union's Tom Buckley.
The employee agrees, saying he does not think his manager was "acting maliciously".
"She's since posted a correction on the office wall apologising for the 'misunderstanding' and containing an outline of the powers of the amendment," he says. "It makes no mention of the fact that the new rules don't come into effect until March of next year."
Unite says it is particularly concerned about the allegations raised, given many migrant workers are in the hospitality industry and are often afraid to make complaints.
"We don't get many complaints from migrant workers," says Mr Buckley.
"The person who has complained is not a migrant worker, which is why we received the complaint in the first place. But many of their colleagues are migrant workers and working on work visas, which is quite well practised in the hotel, especially in the housekeeping department."
Mr Buckley is urging anyone who is not currently with a union to sign up after the legislation comes into force next year.
"After March they should join a union, because the law will change and they'll have very little room to be able to negotiate with their employer," he says.
Mr Buckley also urges anyone who feels they've had their break rights taken away to contact their union or the Department of Labour.
3 News
source: newshub archive
