For the first time an Australian court has ruled workers have a legal right to go to the toilet and drink water while at work.

The Federal Court was forced to decide the issue after the general manager of a McDonald's franchise made a Facebook post to a group of its crew members telling them the company had no obligation to let them go to the bathroom outside scheduled breaks.

The Federal Court was forced to decide the issue after the general manager of a McDonald's franchise made a Facebook post to a group of its crew members telling them the company had no obligation to let them go to the bathroom outside scheduled breaks.

Justice John Logan said he had been unable to find any other Australian cases on the point and looked to a decision from a court in Ohio for guidance. The judge said it would be absurd for state workplace health and safety laws to require employers to provide bathrooms and drinking facilities but not to let staff use them when they needed to, within limits.

"For an employee just to dash off for a drink leaving hamburger patties or fries to burn might not be reasonable," Justice Logan said. Leaving a parched employee sweating in the kitchen with broken air conditioning would be a different question.

"The right to access the toilet or a drink of water was, in my view, a workplace right," Justice Logan concluded.

The Retail and Fast Food Workers Union brought the case on behalf of Chiara Staines, a young crew member who worked for Tantex, a McDonald's franchisee in Queensland that runs six restaurants.

The union had been running a campaign alleging the company was failing to give workers 10 minute paid breaks for shifts over four hours, as they were owed under the company's enterprise agreement.

In a January 2019 response, Christopher Crenicean, Tantex's general manager, told crew members at one store the company was doing its workers a favour by letting them use the bathroom because otherwise they could only do so during the rostered break.

For the first time an Australian court has ruled workers have a legal right to go to the toilet and drink water while at work.

The Federal Court was forced to decide the issue after the general manager of a McDonald's franchise made a Facebook post to a group of its crew members telling them the company had no obligation to let them go to the bathroom outside scheduled breaks.

A McDonald's franchisee denied workers breaks they were owed. LUIS ENRIQUE ASCUI

Justice John Logan said he had been unable to find any other Australian cases on the point and looked to a decision from a court in Ohio for guidance. The judge said it would be absurd for state workplace health and safety laws to require employers to provide bathrooms and drinking facilities but not to let staff use them when they needed to, within limits.

"For an employee just to dash off for a drink leaving hamburger patties or fries to burn might not be reasonable," Justice Logan said. Leaving a parched employee sweating in the kitchen with broken air conditioning would be a different question

McDonald's workers have been warned they wouldn't be able to take toilet breaks if they demanded their paid rest breaks.

'Hope to god you don't get thirsty': Maccas warns workers about breaks

"The right to access the toilet or a drink of water was, in my view, a workplace right," Justice Logan concluded.

The Retail and Fast Food Workers Union brought the case on behalf of Chiara Staines, a young crew member who worked for Tantex, a McDonald's franchisee in Queensland that runs six restaurants.

The union had been running a campaign alleging the company was failing to give workers 10 minute paid breaks for shifts over four hours, as they were owed under the company's enterprise agreement.

In a January 2019 response, Christopher Crenicean, Tantex's general manager, told crew members at one store the company was doing its workers a favour by letting them use the bathroom because otherwise they could only do so during the rostered break.

Young McDonald's workers ‘terrified’ to ask for toilet breaks

"What this means is that if we implement this over our current situation, on your shift – this 10 minute break would be the only time you would ever be permitted to have a drink or go to the toilet," Mr Crenicean wrote. "So I hope to god you don't get thirsty on your next shift because we just wouldn't be able to allow a drink. Fair is Fair right?"

But Justice Logan found this was "a reckless falsehood and a serious one at that" because workers were entitled to use the bathroom when reasonable in addition to the paid 10 minute breaks. He said Mr Crenicean's post was not knowingly false but that he had "shot from the hip" to try to stop employees tagging each other on RAFFWU content on Facebook as part of its campaign.