A New Zealand employer has been caught abusing the country’s newly passed law mere weeks after it was approved by Parliament, In addition to other things, the legislation removes workers’ legal right to tea breaks, reports scoop.co.nz. 

The so-called “tea break law” was passed at the end of October, despite strong opposition from Labour, the Greens, NZ First, and the Maori Party. The National Party, however, argued that it allowed more flexibility in the labour market.

The bill removes guaranteed meal breaks in return for requiring employers to pay extra where they are not provided. The breaks were written into law in 2008 but the National Party has argued it is inflexible for some, such as those in sole-charge positions where regimented breaks are impractical.

New Zealand’s Unite Union, however, has already caught one employer using the new legislation as an excuse for mistreating their staff. A union member, who chose to remain anonymous for fear of reprisals, advised Unite by email:

“This morning in the briefing our manager declared that its now her right to decide when we take our breaks, and that since it was a busy day no one could have one until 3pm. Everyone started at 8am, and were due to finish at 3:30pm or 4pm.”

While the new legislation has been passed by New Zealand’s Parliament, it doesn’t actually come into force until March 2015; meaning that the employer not only abused the intent of the new legislation, but also broke the current, prevailing law in the process. 

Previously, National Party MP and current Minister of Labour Michael Woodhouse said the move was aimed at providing flexibility, not taking away rights: “I think we patronise employees by pretending they cannot negotiate with their employer for a fair outcome.”

A statement to which Unite Organiser Shanna Reeder strongly objects: “This is clearly the outcome of this unfair anti-worker legislation. The Minister has been proven wrong on one occasion already and we know there will be many more instances of this abuse. He says employees can just go to the boss and negotiate things. This example clearly shows that there is no intention of negotiation from the employer. This is a blanket rule that was rolled out and announced to all staff.”

“I’ll be writing to the Minister to advise him of this case and further cases that are reported to us that show that this piece of legislation is failing workers and stripping them of their dignity and rights,” she concluded.