logo

ChildForum Early Childhood Education Nationwide Network
Promoting quality, valuing knowledge, advancing thinking and working together for the benefit of children, services and the sector

Follow us on FacebookFollow us on Twitteryoutube

Member Login

Members-only information & support area. Research Library

 

Kindercare Told Off By Employment Relations Authority

© ChildForum

Kindercare, an NZ for-profit commercial childcare centre chain and the main/largest member of the lobby group 'Early Childhood Council', failed to tell a cook she was entitled to rest breaks.  

The cook's employment agreement provided that her “normal hours of work will be 8.00am to 3.30pm with a ½ hour unpaid lunch break, Monday to Friday”. There was no mention of rest breaks.  She worked for Kindercare from 2009 until mid-2012 when she became aware that legally she was entitled to a 10 minute break in the morning and afternoon of her shifts.  

The Employment Relations Authority has rapped Kindercare over the knuckles and told it off for not ensuring the provision of breaks. The Authority held that the duty to provide breaks falls upon the employer.

Kindercare had not ensured the provision of breaks and, in doing so, breached a duty imposed by the Employment Relations Act

The cook was awarded compensation in respect of hurt suffered following Kindercare’s unjustified action. 

Read more at the Canterbury Employers' Chamber of Commerce website.

Update:  Effective from March 2015 the rules were changed to allow employers to have more flexibility, leaving it to employers and employees to negotiate, in good faith, rest and meal breaks. Now, an employer is exempt from giving breaks – when employees agree to reasonable compensation or where the employer cannot reasonably give the employee rest and meal breaks. Reasonable compensatory measures must be provided when an employer is exempt from the requirements to provide breaks. Rest breaks must be paid. An employee either gets a break or a compensatory measure; the employer cannot fail to give either.

 

Free E-Newsletter

Receive the free Early Childhood Alert.

captcha 

We hate spam as much as you, we will not sell your contact details to anyone.

You can unsubscribe at any time.

Read our Privacy Policy here.

Don’t miss out any longer, click the button below to join ChildForum

Join Us!

child-with-binoculars-small

 

Subscribe now for information you can trust, expert advice and research, as well as access to quality resources

We are confident you will be delighted to discover and experience the benefits of membership - so join now and make this message for non-members disappear from your screen. 

Membership Options

Individual
Member

Who is this for?
This plan is for any person who works with children or has an interest in early childcare and early childhood education.

$98.00 12 months from the date of joining
$60.00 6 months student-only

Your own personal username and password.

ECE Service 
Member

Who is this for?
Centres, home-based, hospital-based, playgroups ... licensed or new set-ups.

$198.00 12 months from the date of joining
Does your ECE group have more than 1 service? See our discounted rates

A shared username and password for your team or ECE group.

Library NZ-International Research
in ECE Journal Subscriber

Who is this for?
Universities, Polytechnics and organisations wishing to have access to all past and current NZIRECE published journal and its articles. Hundreds of research articles!

$125.00 annual renewable in November each year

A username and password for your library users linked to your IP address.