Burger King stung for underpaying staff member

The ERA found Burger King failed to pay a worker minimum wage on three occasions. Photo / 123RF

Burger King has been ordered to pay an Auckland woman $3,500 after being found to have breached the Minimum Wage Act by the Employment Relations Authority (ERA).

The ERA found Burger King failed to pay Drew Desai minimum wage on three occasions during her employment.

Desai was employed at Burger King from March 27, 2015 to October 6, 2017 where she worked in their New Lynn restaurant until she resigned.

In statements provided to the authority, Desai claimed that in the fortnights ending May 25, 2017, June 11, 2017 and July 9, 2017 she worked hours over and above her contracted hours of 90 per fortnight.

At this time Desai held the position of trainee manager with a salary of $37,500.

Because her salary was so close to the minimum wage all three fortnights brought her below the minimum wage for the hours she worked.

In the statement in reply filed for Burger King, this was initially admitted.

But in closing submissions Burger King resiled from the position taken in the statement in reply and stated in fact there had been only one minimum-wage breach.

From the data provided to the authority, there were occasions when Desai worked less than 90 hours per fortnight and occasions where she worked more.

However, Burger King had difficulties providing accurate records of hours worked as they did not require managers on salary to clock in.

In its ruling, the authority said Burger King is an organisation which should be aware of its obligations as an employer and should have systems in place which enable monitoring of whether or not they are in compliance with their employment obligations.

Burger King was penalised $3,500 which was ordered to be paid directly to Desai.

In addition to her minimum-wage breach claims, Desai also claimed she was not given reasonable opportunity to take rest and meal breaks and sought remedy for unjustifiable disadvantages that led to her resignation.

The ERA did not uphold either of these issues.

Burger King has been contacted for comment.

Antares Restaurant Group Limited owns and operates 82 Burger King restaurants throughout New Zealand.