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Jewellery chain Lovisa has avoided an early mediation in an underpayments class action, after slamming it as an invitation to "pay money to make the case go away”.
Underpayments class actions against Coles and Woolworths want to expand their claims to cover a longer time period, which would leave the supermarket giants with even bigger remediation bills than the $780 million estimated in the wake of a finding that underpayments cannot be set off.
Jewellery retailer Lovisa has struck back at an underpayments class action, saying it does not have the burden of disproving the underpayments claims because the applicants have not proven each alleged unpaid overtime hour was actually worked.
Bakers Delight has lost its appeal of a decision that found it was subject to a statutory reverse onus to disprove record-keeping claims in underpayments proceedings against a franchisee.
Coles and Woolworths estimate they will need to remediate underpaid workers up to $780 million, following a complex judgment in two class actions and regulatory proceedings handed down last week.
A judge has criticised the “unacceptably complex” trial of two regulatory cases and two underpayments class actions against Coles and Woolworths, delivering a ruling whose significance for the workers is not yet clear.
The Fair Work Ombudsman will seek default judgment against former CFMEU secretary John Setka, who has failed to engage with the regulator's case alleging he attempted to get the former head of the construction industry regulator fired.
After a judge raised concerns underpayments claims against jewellery chain Lovisa were not suitable for a group proceeding, counsel for a class action has suggested running the applicants’ case "as if" it isn’t a class action.
A judge hearing a suit against Lovisa has questioned whether it should proceed as a class action, but shut down a 'pejorative remark' by the jewellery chain's barrister about Fair Work class actions.
Bakers Delight has filed a challenge to a finding that it was subject to a statutory reverse onus aimed at employers, in a Fair Work Ombudsman underpayments case against a franchisee.