Domino’s in pay lawsuit

Class action alleges systematic underpayments

GLOBAL litigation funding provider Therium Litigation Finance is funding a class action against Domino’s Pizza Enterprises, claiming the Australian pizza giant and its franchises systemically underpaid workers.

Law firm Phi Finney McDonald alleges that most delivery and in-store Domino’s workers were paid less than they should have received from June 24, 2013 through January 24, 2018.

“The class action alleges that Domino’s improperly told its Australian franchisees to pay delivery drivers and instore workers under the inapplicable employment agreements,” Phi Finney McDonald said on a website devoted to the class action.

Casual workers weren’t paid a 25 per cent loading bonus and workers didn’t get penalty rates for working afterhours, on weekends or on public holidays, Phi Finney McDonald alleges.

It’s also claimed the workers didn’t receive three-hour minimum shifts or laundry allowances.

Phi Finney McDonald says Domino’s workers are owed the difference between the rates they were paid and what the employment agreements state.

The Retail and Fast Food Workers’ Union said it discovered that workers were being underpaid after a “detailed forensic investigation”.

“The scale of Domino’s misconduct is unprecedented,” RAFFWU secretary Josh Cullinan said.

“Some workers are owed tens of thousands of dollars.

“It’s nothing short of a disgrace.”

Domino’s Pizza Enterprises yesterday said it “had not been served with any claim or received any prior contact about this matter”.

But Domino’s said it was of the view that the pay and conditions of workers should have been determined by industrial agreements, rather than those determined by the Fair Work Commission, known as the Fast Food Industry Award 2010.

“Domino’s takes the proper payment of its team members seriously,” the company said in a statement.

“Any formal proceedings received will be reviewed and actioned in the ordinary course.”

London-based Therium is one of the world’s largest litigation funders. It pays for litigation action on behalf of complainants in return for a slice of any successful returns.

It has previously funded class actions against Commonwealth Bank, Spotless Holdings and GetSwift.