KFC class action filed. Worker claims she took up smoking to get a break.

KFC employees have filed a class action in the Federal Court, against fast-food giant KFC and a number of its franchisees.    The claim, led by Shine Lawyers and the Retail and Fast Food Worker’s Union (RAFFWU) alleges KFC failed to give employees their paid 10 minute breaks when working shifts that were over four hours. The class action alleges that KFC and its franchisees systematically denied workers their rights to paid breaks. 

Joint Head of Class Actions, Vicky Antzoulatos said, “KFC workers are entitled to a paid 10-minute break after four hours of work and a second paid break after eight hours pursuant to the various industrial instruments under which they are employed.” 

“The majority of workers are under the age of 21. These workers are young and made to work in high-stress environments without any rest.     “We will allege that these young workers were not given their entitlements in the course of their employment.”

“Workers are suing for the value of lost breaks and for the loss of amenity and the stress placed on workers as a result of working in these pressure-cooker environments and not having proper breaks..  

“One client who worked 3-5 shifts per week at two KFC franchises in Victoria from June 2016 to November 2021, claims she took up smoking just to get a break,” she said. 

To be a part of this class action, you must have been a current or former KFC worker who worked at a KFC restaurant in Australia between 4 December 2017 and 4 December 2023 and did not receive at least one 10 minute paid break that you were entitled to.  

For more information, visit our website.

 The case was filed under Westgarth & ors v Kentucky Fried Chicken Pty Ltd & ors.