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Dominos facing class action
Dominos staff are being urged to sign up for a wage theft class action by lawyers who are bringing action against the fast-food giant next week.
Lauren Croft
In June 2019, plaintiff firm Phi Finney McDonald filed a class action against Domino’s, alleging systemic underpayment of thousands of delivery drivers and in-store workers employed across franchise outlets nationwide over a five-year period.
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Now, dominos delivery drivers and in-store workers are being urged to take part — or risk losing out on compensation. The lawsuit alleges workers were underpaid up to $10,000 per year, or $11 per hour and will seek at least $15,000 in damages.
This comes after the fast-food chain lost its bid to strike out underpayment claims in April 2021, which allowed the class action to proceed to trial on 2 November this year in the Federal Court.
Phi Finney McDonald, which is running the class action on behalf of Domino’s employees, has urged workers to come forward to check their eligibility for the claim.
“We want the court to know the scale of what workers say they are entitled to if there is an order for Domino’s to pay compensation,” principal lawyer Brett Spiegel said.
The case alleges that Domino’s told its Australian franchisees to pay their delivery drivers and in-store workers under enterprise bargaining agreements that did not apply, and that these workers should have been paid in accordance with the better terms and conditions under the Fast Food Industry Award.
Lead applicant and former delivery driver Riley Gall said that the compensation from the action could make a significant difference in Domino’s workers’ lives.
“The class action alleges that Domino’s workers were underpaid and, if this is proven, we deserve to be compensated,” he said.
“The money would make a huge impact on our lives, and it’s really important that Domino’s workers consider registering now.”
According to the action, Dominos’ workers are owed the difference between what they were paid and the higher entitlements that were allegedly owed, including in relation to hourly rates, penalty rates, meal allowances, clothing and laundry allowances, and delivery allowances.
Josh Cullinan, secretary of the Retail and Fast Food Workers Union (RAFFWU), said that thousands of workers could miss out on receiving their full compensation if they don’t make contact about their claims or register.
“We know there are more than 55,000 Domino’s workers who are eligible for this class action,” he said.
“We want to make sure these people are counted so they can demand what we say they are owed by Domino’s.”
