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Having toilet breaks during work is one of the most basic employee entitlements. In fact, you wouldn’t expect that a court case would be needed to confirm such a fundamental right.
However, a recent case against a ‘reckless’ McDonald’s franchisee in Queensland is a stark reminder that even essential rights can be overlooked in today’s fast-paced work environments. This case, decided in 2025, underscores the importance for employers to understand and meet their duties regarding employee health and safety.
Before we dive into the details of the case, it’s important to understand how McDonald’s has structured its employee entitlements.
McDonald’s Employee Entitlements
Under the updated McDonald’s Australia Enterprise Agreement 2025, all McDonald’s employees are entitled to a paid 10‑minute break if they work between four to nine hours. This break is designed to give staff the opportunity to relax briefly and attend to personal needs.
If employees work longer than nine hours, they are then entitled to two 10‑minute breaks in addition to any meal breaks applicable to shifts over five hours. These provisions are in place to safeguard employee wellbeing from the start of their shift.
Despite these clear terms, a recent Facebook post by a McDonald’s franchise in Queensland declared that staff were not allowed to use the toilet outside of their scheduled breaks. In effect, the franchise claimed that the only chance for employees to use the bathroom or have a drink was during the strict 10‑minute windows, with any further requests being denied on the basis that such time counts as ‘work hours’.
Denying employees access to appropriate toilet and drink breaks can constitute a serious breach of the employer’s duty of care. We’ll explore the implications of this shortly, but first, let’s take a closer look at the case that has captured public attention.
What Was The McDonald’s Case About?
The Retail and Fast Food Workers Union, acting on behalf of former employee Chiara Staines, brought a case in 2025 against Tantex Holdings – the owner of six McDonald’s outlets in Queensland. The Union alleged that Ms Staines had been systematically denied her paid 10‑minute drink and bathroom breaks, an entitlement clearly outlined in the enterprise agreement.
Ms Staines described her work environment as “fast‑paced, hot, and permeated with the constant smell of food” and noted that the conditions were both stressful and demanding. In his judgment, Justice Logan emphasised that “the right to access the toilet or a drink of water is, in my view, an inalienable workplace right.” He went on to declare that it was “unconscionable… absolutely unacceptable to deny workers the ability to use the toilet when necessary or to drink water as needed.”
Justice Logan also observed that while legislation requires employers to provide toilet facilities for health and safety reasons, it is utterly unreasonable to offer these facilities if employees are not granted reasonable access to them during work hours.
The franchise eventually admitted to denying Ms Staines these essential breaks. As a result, they were ordered to pay her $1,000 in compensation, and the Federal Court ruled unequivocally that Australian workers have the right to drink and toilet breaks.
What Are The Employer’s Duties?
Broadly speaking, employers have significant responsibilities under Occupational Health and Safety (OHS) legislation. The Work Health and Safety Act 2011 (Qld) continues to place a strong duty on employers in 2025 to take all reasonably practicable steps to ensure the health and safety of their employees.
According to OHS Reps, this duty of care includes the provision of appropriate rest breaks—not only for meals but also so staff can use the toilet and stay hydrated. Denying these breaks can lead to serious health risks. Ensuring that such entitlements are also clearly set out in your employment contracts can help mitigate potential disputes; learn more about this in our article on how important is an employment contract.
In today’s workplace, whether in fast‑paced hospitality or other sectors, employers are encouraged to review and update their policies annually. Regularly consulting with staff and reviewing your company’s OHS procedures can help preempt situations like the McDonald’s case. For further guidance on compliance, check out our resource on what regulations affect your corporation.
WHS obligations are fundamental in every workplace and can significantly impact employee wellbeing and productivity. By ensuring that employees receive their rightful breaks, you not only comply with the law but also demonstrate genuine care for your team’s health—a key factor in maintaining a positive and sustainable work environment in 2025.
Need Help?
An employer’s duty of care is one of the most critical aspects of the modern employment relationship. Whether you’re addressing the provision of adequate work breaks or minimising other workplace safety hazards, understanding and meeting your legal obligations is essential in today’s dynamic work environment.
If you’re an employer who isn’t entirely sure about your obligations to your employees, don’t stress! Our team of experienced lawyers is here to guide you through the complexities of workplace health and safety, help you review your employment contracts, and ensure your workplace policies are up‑to‑date. Feel free to get in touch by emailing us at team@sprintlaw.com.au or calling 1800 730 617 for a free chat about your employer obligations.
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