Fighting for exploited 7-Eleven workers

When the systemic underpayment and exploitation of 7-Eleven workers was revealed by ABC’s Four Corners and Fairfax Media in 2015, the nation was aghast.

Somehow, gross underpayment of wages had been consistently occurring at franchises across the nation. There’d been widespread doctoring of payroll records, time sheets and rosters had been falsified as had store financial records. There was also proof of understated wage bills, store reviews and explosive documents relating to payroll compliance from the head office of the country’s biggest convenience store chain.

Thousands of workers potentially exploited

The consequences of such exploitation were far-reaching. Potentially 4000 workers were affected across a network of 600 stores. Many of these people had also been threatened with deportation if they did not comply with their employers’ demands, or if they complained to authorities. They were also told that there were plenty of other people willing to take their place and work under the conditions in place.

Recognising the magnitude and unlawfulness of the situation, Maurice Blackburn stepped in and offered to represent workers who had been exploited free of charge to help them recover back pay and other entitlements. Many had never been paid penalty rates for working weekends, public holidays and overnight, for instance.

Claimants stories of exploitation were shocking

A hotline was set up that resulted in hundreds of inquiries from current and former 7-Eleven staff willing to relay their shocking experiences. Mohamed Thodi was among them. He had come to Australia on a student visa to study architecture after being a top student in India. But long hours working at 7-Eleven drove him to the brink. He was living and studying in Geelong and his boss at 7-Eleven took a second store in South Yarra and asked him to work there. He was getting paid $10 an hour, but after travel expenses and tax, his wages were $5 an hour.

Mohamed’s complaints and attempts to resign were met with threats from his bosses that he would be deported. By law, student visas only allow students to work only 20 hours a week. Fortunately, he kept a record of every shift he worked, which was used by Fair Work to uphold his claim against the franchisees for unpaid wages. It also led to the couple who ran the store being fined $150,000 in the Melbourne Magistrates Court. Unfortunately for him, the couple placed their business into administration before any payment was made to him.

 

PODCAST: Mohamed Thodi – Mohamed and Goliath

After more than two months of unpaid training, exploited 7-Eleven worker Mohamed Thodi was rostered on for long hours – about 50 to 60 hours a week, on top of his university studies. He was then forced to travel from Geelong to South Yarra to work at another store each day. He asked his boss for a $1 pay rise to help pay for travel and living expenses, which was rejected. He was then told he had become lazy and that his job was jeopardy and was fired soon after.

Listen to the podcast below, or subscribe on iTunes.

Amnesty for exploited workers sought

In addition to Maurice Blackburn lobbied the Federal Government to grant amnesty to staff who spoke up about the exploitation they had experienced, arguing that without it, workers were very scared to come forward. Protection from deportation was subsequently granted, provided those who came forward were willing to help with investigations into the exploitation.

The firm assisted many staff who made claims for backpay with the independent panel led by former Australian Competition and Consumer Commission (ACCC) boss Allan Fels that was set up by 7-Eleven in September 2015. That legal assistance has continued for those seeking to be paid what they are owed since the panel was shut down in May 2016.

Maurice Blackburn has received in excess of $3 million in unpaid wages and entitlements for our clients while continuing to fearlessly pursue 7-Eleven franchisees to help recover money that is owed to the workers – including many international students – who were taken advantage of.

 

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Giri Sivaraman

Maurice Blackburn Brisbane
Giri Sivaraman is a Principal at Maurice Blackburn. He is the head of the firm’s Queensland Employment law department based in Brisbane, which is listed by the highly respected Doyle's Guide to the Australian Legal Profession as one of two top tier law firms for ...

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