The group action was filed with the Commercial Court late last month, the legal basis for which is derived primarily from the Jason Lutz v Ryanair case from last year.
Kara Stott, Head of In-House Legal and Special Counsel at Peninsula, commented on the case: “Employment status is one of the trickiest areas of employment but remains one of the most important because someone’s status dictates their employment rights.
The emergence of the Fair Work Agency, which recently secured its first conviction, is significant because the Agency will take on state enforcement of unpaid holiday pay meaning an increased financial risk for employers who get it wrong. “
Jason Lutz v Ryanair
The underlying claim in the Lutz case was the same as that of the group action; Jason Lutz flew aircraft for RyanAir, and Lutz claimed neither the low-cost carrier nor the agency to which he was registered, Storm Global Ltd (formerly MCG Aviation Ltd) paid him holiday pay.
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