On 21 December 2018, Adero Law filed a class action lawsuit against Hays Specialist Recruitment (Hays), alleging that Hays misclassified its workers as ‘casual’ employees, rather than permanent employees with the appropriate statutory entitlements.

Hays is one of Australia’s largest labour hire companies, a preferred supplier to mining giant BHP, and has an annual turnover of more than $2.3 billion.

The class action against Hays has been brought by Mr. Lawrence Ridge, on behalf of himself and many hundreds of coal mining workers in the same or similar circumstances to him (claimants).

The claimants allege that although they were employed by Hays as ‘casual’ employees, as they were working to long-term rosters, they were in reality ‘permanent’ employees. Due to that misclassification, the claimants are owed unpaid annual and personal leave entitlements, which they now claim from Hays.

The class action is being managed by the Honourable Justice Murphy of the Federal Court. Two case management hearings have taken place: on 22 March 2019 and 1 April 2019. The next case management hearing has been listed for 21 June 2019, at which time we expect that the Court will make orders time-tabling the class action through the Court process.

It is clear that the Black Coal industry has made it common practice to casualise a large part of its workforce, to create a two-tier workforce. Many thousands of workers are eligible to join the class action and fight for compensation.

“Adero is bringing the fight to big mining. The industry is failing its employees at a time when it is making the fattest profits. You’ve been told to wait for that permanent shirt, but permanent gigs left this industry five years ago. You now earn less money than miners were getting 15 years ago – but people stay silent and pretend that it’s normal. It is not normal for a casual worker to be paid substantially less than a permanent employee. It is not normal for one worker to earn up to $75,000.00 more per year than another worker doing the same job, on the same roster – just wearing a different shirt. I know you fear for your jobs, but waiting and fearing leads to nothing. Without you, there’s no industry, and no profit. We have got to stop this happening to your family, your community and your career. It’s time to take this fight head on!” – Rory Markham, Adero Law’s Managing Principal.

Adero Law encourages anyone who worked for Hays at a Black Coal mining site, to a long-term roster, from 21 December 2012 to register for this class action.

Please contact Adero Law via the “Register Interest” button to receive further information about your options and legal rights.