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Important update: If you have received an opt out notice about the JB Hi-Fi Class Action, read more here.
Assessment Review Rights
Clause 7 of the Settlement Scheme provides that a Participating Group Member has a right to seek a Review of their Assessment (an Assessment Review).
In deciding whether to proceed with an Assessment Review it is important to understand the intention of the Settlement Scheme in relation to the assessment of claims and the application of the Loss Assessment Formula to the available Claim Data.
All Claim Data relied on by the Scheme Administrator has been provided by NSW Health. We have no alternative source of Claim Data.
It was explicitly acknowledged before the Court at the time of the class action settlement approval that given the complexities and limitations of the Claim Data, the Settlement Scheme should not be designed to calculate each Participating Group Member’s loss to the exact dollar. Such calculation is not possible based on the available Claim Data and would cause unreasonable delay and cost.
The Settlement Scheme and Loss Assessment Formula prioritise practical fairness and efficiency over impossible precision. Where limitations in the Claim Data are identified the Scheme Administrator is to apply reasonable assumptions, estimates and averages.
Therefore, to proceed with an Assessment Review, you must have an alternate source of records or information to satisfy the Scheme Administrator that the assessment of your claim based on the Claim Data provided by NSW Health is incorrect.
An example of a potential Assessment Review in relation to Unpaid Rostered Overtime, may be: during a specified period of employment, your rostered overtime estimated underpayment has been assessed as $0.00, because according to the data provided to the Scheme Administrator by NSW Health, you generally worked standard shifts during that period or that additional shifts or additional hours you worked were paid at the correct overtime rate.
If you say this is incorrect because, during that employment period, you regularly worked additional shifts — for example:
- working shifts that exceeded 10 hours in a day; or
- working more than 10 days in a fortnight on a regular basis,
and you did not receive overtime at the correct rates for those additional shifts, you must provide records that demonstrate this.
Relevant records may include:
- copies of rosters you personally retained for the relevant period showing additional or extended shifts;
- payslips which show you did work additional hours over and above ordinary hours but were not paid correctly for those additional hours.
An example of a potential Assessment Review in relation to Unpaid Meal Breaks, may be: your Notice of Assessment shows that, during a specified period of employment, your estimated loss for Unpaid Meal Breaks is $0.00, however, you say this is incorrect because, during that period of employment, you regularly worked shifts entitled to a paid meal break (shifts on Saturdays or Sundays, or that started before 8am or finished after 6pm on Monday to Friday), but 30 or 60 minutes was deducted from that shift as if the meal break were unpaid, and this is not reflected in the estimated loss calculation.
Relevant supporting material may include:
- copies of rosters you personally retained showing the relevant shift dates, start times, and whether the shift fell on a weekend;
- payslips or payroll records which show meal breaks had been deducted from your pay for shifts that should have been entitled to a paid meal break.
What cannot be the subject of an Assessment Review:
- The Loss Assessment Formula itself. The formula forms part of the Settlement Scheme approved by the NSW Supreme Court.
- The difference between the Total Estimated Loss and the Estimated Distribution Amount, including the pro‑rata apportionment of the total compensation pool.
- Decisions regarding weightings or interest weighting applied by the Scheme Administrator.
- Summary Claim Data used to determine eligibility under the Settlement Scheme, including:
- Start and end dates of employment;
- Position, classification, and applicable Award;
- Legal employer; and
- Full‑time equivalent (FTE).
Bond requirement
To proceed with an Assessment Review, a Participating Group Member may be required to pay a bond of up to $2,000 to cover the costs of conducting the review.
- The bond amount will not exceed $2,000.
- If the Assessment Review is successful, the bond will be refunded.
- If the review is not successful, the bond may be applied to the costs of the review and deducted from your Distribution Payment.
How to request an Assessment Review
To request an Assessment Review, a Participating Group Member must:
Send written notice by email to the Scheme Administrator at: NSWJuniorDoctors@mauriceblackburn.com.au
- Send the email no later than 28 days after the date of the Notice of Assessment.
- Use the subject line: Assessment Review Request and clearly set out:
- The reasons for the review; and
- The specific errors alleged in the Detailed Claim Data.