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. The applicant and Adero believes Merivale should have and failed to pay the minimum Award entitlements under the Fair Work Act 2009 and the relevant modern Award for some individuals during the period of 25 December 2013 to 24 December 2019.
The class action, with the assistance of a litigation funder, aims to assist hospitality workers who may not otherwise have the financial means necessary to commence proceedings against their employer or former employer.
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:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- The claim is filed in Court.
- 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 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 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.