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An underpayments class action against The Reject Shop will reshuffle its case after a recent Full Court decision which had a “profound impact” on the claim period.
Woolworths has told a judge in an underpayments class action where its remediation costs could stretch to $330 million that sending a notice to group members reminding them to keep records would be “premature and potentially misleading”.
The Full Court has found that a pleading error in an underpayments class action against The Reject Shop which left it empty of group members can be fixed but that the amended pleading cannot be backdated.
A judge has criticised lawyers acting in underpayments cases against Coles and Woolworths for overly lengthy submissions and a lack of cooperation, saying the dispute has gone “off the rails”.
The applicant in a class action against The Reject Shop told an appeals court Tuesday the case was always a representative proceeding despite a pleading mistake that left it empty of group members.
The Full Federal Court may need to weigh in on whether the judge overseeing an underpayments class action against the Reject Shop had the power to make an order altering the group definition.
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.