Background to Investigations:
Wesfarmers employs approximately 107,000 individuals across Australia, with its major brands including Kmart, Target, Officeworks and Priceline. At this stage, Adero Law is undertaking investigations into underpayments of staff employed as Managers and Senior Managers of Wesfarmers brands for the period of 2017 to present.
Individuals have reported to Adero Law, the following practices have occurred at certain stores of brands which are operated by the Wesfarmers:
- paying a salary to Managers and Full-Time staff that does not account for additional hours and/or overtime hours that workers were directed to complete beyond 38 hours per week;
- directing staff to complete pre-shift and post-shift work without compensation being provided;
- directing staff to not take meal breaks or directing staff to complete work during their meal breaks without providing additional compensation; and,
- other purported breaches that Adero Law is investigating.
At this stage, Adero Law invites you to complete the below form to register your interest in the above if you have worked in a Wesfarmers Brand store at any time from 2017 to present.
After you register your interest, Adero Law may disclose your name to your employer for the purpose of pursuing your claim. Should you wish to remain anonymous, please email email@example.com.
Frequently Asked Questions
Adero is currently in the process of undertaking necessary due diligence investigations required to understand the viability of a potential class action.
At this stage, Adero asks you to register your interest should you be interested in participating in a potential class action.
Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service. You are under no obligations until you agree to be bound by such a document.
Although circumstances may vary, the general structure of a class action proceeding run by Adero Law is as follows:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero Law’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- Pleadings and other Court documents are finalised and filed with the Court.
- Claimants have a chance to opt-out of the class action.
- Evidence is compiled and the claim is prepared for trial.
- If appropriate, mediation or settlement discussions take place between the parties.
- If a settlement agreement is not reached, the claim proceeds to trial.
- Once a settlement agreement has been reached, claimants are notified, and a is timetable put in place for any objections or submissions to be made ahead of a hearing.
- A settlement hearing occurs.
- If the settlement is approved, a distribution scheme will be implemented as approved by the Court.
Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service that is relevant to your individual claim. This document will contain any terms relevant to the payment of legal fees under a no win no fee contract, and in respect to the ongoing management of the class action.
Adero is accepting registrations of interest from individuals that have worked in a Wesfarmers Brand operated store at any time since 2017. You can join if you are currently employed or not currently employed by Wesfarmers as long as you worked there post September 2017.
No. The Fair Work Act 2009 (Cth) s 340 prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish an employee in any way for joining a class action. If you believe this has happened to you, contact us at Adero Law and we will promptly investigate such a complaint.
Adero will not provide your details to Wesfarmers Limited or any third party without your consent. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any unrelated purpose or disclose it to any third-party. That information we procure is also subject to legal professional rules that Adero Law adheres to, under the relevant ACT rules.