Pizza workers slice up misleading Domino’s wage claim

The world’s largest pizza chain misled Australian franchisees by directing them to underpay thousands of staff, following a long-running class-action lawsuit.

Federal Court Judge Bernard Murphy ruled on Wednesday that Domino’s engaged in misleading or deceptive conduct in making representations to Australian franchisees about staff wages.

The fast food giant may have to pay significant compensation to thousands of low-paid Domino’s franchisee employees following the decision.

The class action lawsuit was filed in 2019 by former Queensland delivery driver Riley Gall, who claimed Domino’s underpaid him for five years by telling franchise operators to pay staff with the wrong workplace vehicle.

He was seeking more than $10,000 in underpaid wages and benefits from June 2013 to January 2018.

The class action involved delivery drivers and in-store workers employed by Domino’s Australian franchisees.

The court found that Domino’s had instructed Australian franchisees to pay delivery drivers and in-store workers under enterprise bargaining agreements if some employees were covered by the Fast Food Industry Award with better terms and conditions.

“Consequently, the real industrial case was that the tender, rather than the contracts, applied to the employment of the applicant and a significant group of delivery drivers and in-store workers employed by the franchise operators during the relevant period,” Judge Murphy said. he said.

“Domino’s conduct in conveying alleged facts is therefore misleading or deceptive conduct, or conduct that is likely to be misleading or deceptive.”

Mr Gall said this win meant justice for the thousands of people who had been exploited and not paid what they were entitled to under the proper reward.

“I started working at Domino’s as a delivery driver when I was 17 and stayed for three years,” he said.

“I had a young child at the time and things were tough. I was shocked to find out I was being paid thousands of dollars less.

“This was a long-awaited decision and we are relieved that the court recognized the injustice against workers who have been underemployed for years.”

Phi Finney McDonald lead attorney Brett Spiegel said the ruling gives Domino’s franchise employees “the justice they deserve.”

“Employees at Domino’s franchisees waited a long time to be compensated for their missing payments,” he said.

“This systematic underpayment over a five-year period is not only illegal, it is also not a viable or legal business model.”

Domino’s has been contacted for comment.