SOME McDonald’s workers are far from McHappy about being denied their legal right to a work break.

Retail and Fast Food Workers Union gathered on Friday in front of the Myer2 McDonald’s on Elizabeth Street, Brisbane, to protest the fast food giant which is allegedly denying workers their legal right to a 10-minute shift break.

media_camera Former Macca's employee Noah Nicholson pictured at the Retail and Fast Food Union protest out the front of the Myer Centre McDonalds, Brisbane Friday 11th January 2018 Picture AAP/David Clark

Union Secretary Josh Cullinan said that the franchisee Tantex Holdings was not only denying workers their entitled breaks, but giving them an ultimatum of either a shift break, or access to drinking water and the toilet whilst at work.

“Their response to staff was that if they were going to insist on their legal minimum right to a 10-minute paid rest break was that they were going to no longer be able to go to the toilet or access clean drinking water outside their paid break,” he said.

media_camera The Retail and Fast Food Union protesting out the front of the Myer Centre McDonald’s. Picture: AAP/David Clark

Employment Law Expert at Shine Lawyers, Will Barsby said that it was a “health and safety issue” and that being able to go to the toilet or drink water is a “basic human right”.

“Common sense should prevail, a paid break is different to an urgent bathroom or a sip of water. It shouldn’t be a one or the other arrangement,” he said.

Noah John Nicholson who was an employee at the Myer2 Maccas for nearly three years said that working conditions were well below average.

“They never made themselves out to be the bad guy,” he said.

“There was a lot of times we wouldn’t get breaks because it was just too busy.”

Another ex-employee, who wished to remain anonymous, said that he suffered a severe burn while working on a skeleton roster shift, and that it was not listed as an injury until the next day.

RFFWU are currently seeking legal action against Tantex Holdings for their alleged breaches of Fair Work Laws.

Tantex Holdings could not be contacted for comment.