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Hospitality

Hospitality Class Actions

Calligeros Group and Riverland Group:

Adero Law are at the forefront of addressing chronic and pervasive underpayments in the hospitability industry in Australia, including one of the largest class-actions in the Federal Court of Australia, Raymond Boulos v MRVL Investments Pty Ltd (NSD 2168 of 2019). We are currently investigating further underpayments across a number of venues in Sydney and Melbourne. Did you know that our investigations into the hospitality industry indicate that it is a widespread practice for full time staff to be contracted to work a 38 hour week but to be regularly rostered for 50 hours a week or more? If you have worked for the Calligeros Group* in Sydney or Riverland Group** in Melbourne and you have been asked to work excessive additional hours and not paid any overtime get in touch with the team at Adero Law for a free 30 minute consultation.

*Bellevue Hotel, The Trinity Hotel, Terrace Hotel or Rag and Famish Hotel.
** The Boatbuilder’s Yard, Riverland Urban Beer Garden, Pilgrim, The General Assembly or The Rifle Club goes Bang Bang

Enquiries

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UniLodge

Adero Law is investigating wage underpayments of employees in UniLodge operated buildings across Australia. An employee is anyone who was engaged by UniLodge such as a Resident Advisor (RA), Senior Resident Advisor (SRA), Residential Life Manager (RLM) etc.

Adero Law is preparing to file a class action against UniLodge Australia Pty Ltd in respect to underpayment to its employees.

Adero Law has completed due diligence in respect to employees of UniLodge engaged in the ACT and Victorian locations. The purpose of registering your interest now is to ensure Adero Law can understand whether the identified underpayment concerns are widespread. Adero is asking employees to come forward so that we can fully verify how systemic the underpayment patterns were at other sites within the UniLodge group of properties. Adero Law understands that during the relevant period, UniLodge deployed a system of employment where it purported to direct staff to complete on call shifts that involved a payment of a nighttime allowance or a payment or a fixed limited hours payment.

The engagement was purported to occur under the Hospitality Award. Adero’s clients consider that the proper classification of their award coverage was in fact the Higher Education Award and that it was not a lawful practice to require staff to be on call without being paid for each hour they worked. In alternate, even where part of the UniLodge engagement was lawful, that UniLodge in all the circumstances failed to pay for the actual hours worked by casual employees at their UniLodge sites constituting an underpayment under Australian Minimum Wage Standards.

The UniLodge operated in commercial partnership with major Australian universities, which otherwise had requirements for employees to be ongoing full-time students at those universities. Adero seeks your registration to understand each instance or variation in engagement within the UniLodge system of employment. At this stage, Adero Law only seeks registration, and it does not require any employee to enter into a retainer.

My name is Taylor Meers, I worked at UniLodge at the University of Canberra from 2018 to 2019. I was employed as a Residential Advisor (RA).

My Name is Daniel Gock. I am a former employee of Unilodge at the University of Canberra and worked there between 2017 and 2019. I was employed as a Residential Advisor (RA).

Gabrielle Magyary

My name is Gabrielle Magyary, and I am a former employee of UniLodge at the Australian National University. I was employed as a Residential Advisor (RA).

Frequently Asked Questions

Adero Law is seeking registration to fully verify the UniLodge model. Adero anticipates that it will be filing a class action in the period of February 2022 and has already identified the lead applicants within the ACT that will constitute the main applicants for the class action.

Once the class action has commenced, Adero Law may send you a retainer for a no win no fee legal service, that is individual to you. You are under no obligations until you receive that document.

Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:

  1. A wrongdoing occurs that affects a group of people (claimants) in a similar way.
  2. Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
  3. The claim is filed in Court.
  4. Pleadings and other Court documents are finalised and filed with the Court.
  5. Claimants have a chance to opt-out of the class action.
  6. Evidence is compiled and the claim is prepared for trial.
  7. If appropriate, mediation or settlement discussions take place between the parties.
  8. If a settlement agreement is not reached, the claim proceeds to trial.
  9. Once a settlement agreement has been reached, claimants are notified, and a timetable put in place for any objections or submissions to be made ahead of a hearing.
  10. A settlement hearing occurs.
  11. If the settlement is approved, a distribution scheme will be implemented under the guidance of the Court.

Once a class action has commenced, Adero 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.

Yes, Adero considers that a group membership will be for people employed 6 years prior to February 2022, that is, if you worked anytime from 2016, we invite you to register your interest. You can join if you are employed or not employed by UniLodge.

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.

You can join if you presently employed or not employed by UniLodge so as long as you worked for Unilodge anytime between 2016 and 2022.

Adero is aware that certain sections of the UniLodge business may have operated differently than as current due diligence work has identified. We encourage you to register your information and will otherwise consider whether those individual circumstances can be brought within a forthcoming class action, or alternatively whether individual claims or issues may arise for you.

We encourage you to register and we will endeavour to get back in contact with you.

Adero will not provide your details to UniLodge Australia or any third party without your consent. You are providing this information for the purposes of identifying whether the UniLodge system of engagement applied to you. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any third-party purpose. That information is also subject to legal professional rules that Adero adheres to under the ACT rules, and as such you have rights as a consumer of a legal service.

Merivale Class Action

 

Adero Law filed a class action in the Federal Court on 24 December 2019 against Hospitality Company M.R.V.L. Investments and related entities (commonly known as Merivale Group) to seek compensation for underpayment of employment entitlements under the Hospitality Industry (General) Award 2010 and hours worked but not paid.

If you have been employed by Merivale at any of their venues in a hospitality position, at any time during the six years prior to 24 December 2019, and work or worked at any of their venues, it is not too late to join this action.

On 24 December 2019, Adero Law filed a proceeding in the Federal Court against M.R.V.L. Investments or more commonly known as Merivale, alleging that they have underpaid their employees.

Group members will allege they were paid for 38-hours per week while being required to work at least 50-hour weeks, and without any overtime payments. It is clear the Company has failed to pay the minimum Award entitlements under the Fair Work Act 2009 and the relevant modern Award.

“The class action will provide access to justice for hospitality workers who would not otherwise have the financial means necessary to fight such wealthy and litigious employer – it is a David v Goliath battle in the truest sense”

Adero encourages current and former employees working in the venues across New South Wales to check your eligibility to join the class action.

Frequently Asked Questions

Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:

  1. A wrongdoing occurs that affects a group of people (claimants) in a similar way.
  2. Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
  3. The claim is filed in Court.
  4. Pleadings and other Court documents are finalised and filed with the Court.
  5. Claimants have a chance to opt-out of the class action.
  6. Evidence is compiled and the claim is prepared for trial.
  7. If appropriate, mediation or settlement discussions take place between the parties.
  8. If a settlement agreement is not reached, the claim proceeds to trial.
  9. Once a settlement agreement has been reached, claimants are notified, and a timetable put in place for any objections or submissions to be made ahead of a hearing.
  10. A settlement hearing occurs.
  11. If the settlement is approved, a distribution scheme will be implemented under the guidance of the Court.

No. You will not have to personally pay Adero Law any monies unless you are successful, in which case the only money you will pay to Adero Law will come from any successful outcome you receive. You will not have to pay anything more than what you receive.

Yes. Only the lead claimant will be named in the class action. Your name will not be made public unless you have specifically consented.

Whilst individual circumstances will vary, Adero undertakes due diligence in relation to likely damages calculations. The amount of underpayment varies depending on the claim being brought, such as a breach of the enterprise agreement or a breach of the National Employment Standards, and the hourly rates used.

Adero will make every effort to recover all potential underpayments owing to members of a class action (claimants).

Yes. Adero Law will recover its fees from the winnings. Adero law bears the costs and risk of the class action and therefore also collects an uplift on those fees from the winnings. The amount that Adero Law takes from the winnings is supervised by the Court.

Claimants should be aware that the recovery of any underpayment will be subject to terms of the retainer. For more information on the terms of the retainer of any current class action, please request a copy of the retainer by emailing enquiries@aderolaw.com.au or by contacting (02) 6189 1022.

No. Your employer cannot terminate your employment for participating in a class action. This will amount to an adverse action. Moreover, your name will not be disclosed without your express consent. This means that your employer cannot know you joined an action unless you tell them, you tell someone else or instruct us to disclose your name. We do not identify our clients, not even to other members of the action.

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.

No. Both union members and non-members are encouraged to join so that we can win back the entitlements that are owed to everyone.

Yes. Our claimants include current and past workers.

Please contact Adero Law via the “Sign Up Now” button to register for the Merivale Class Action.

About Adero

At Adero Law we will aim to assist you through practicing integrity, clear communication and innovation. Our interest is achieving fair, commercial outcomes for our clients.

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