The Herald on Sunday obtained a copy of the contract for the shoot, which a top employment law expert and film industry insider criticised.
Dubek's union, Unite, was upset about the contract. National director Mike Treen said he was surprised McDonald's offered it to employees who already had contracts with the company. "We're concerned workers who have a contract ... are being given work outside of the store and told that if they volunteer for this work they can do it for less than the minimum wage."
Treen said Unite would raise the issue at a meeting with McDonald's next Thursday. He said voucher payments were of concern and McDonald's had tried to get labour "on the cheap".
Auckland Actors agent Graham Dunster said the contract offered to McDonald's staffers would never be acceptable in Australia, most developed countries, or to professional actors. Dunster said NZ was the "Wild West" when it came to hiring for film and TV.
McDonald's did not directly answer questions about Dubek's replacement. In a statement, the company said it received no complaints from crew relating to the conditions of participating in TV ads.
"McDonald's has run a popular 'crew as crew in television advertising' programme for over two years," the company said. "Over 100 crew have applied for the chance to feature in advertising, primarily as it's an opportunity to do something they might not get a chance to do otherwise. Appearing in McDonald's ads is completely voluntary, but crew do have expenses covered and can receive vouchers as a goodwill gesture."