Gordon Legal has launched a class action investigation into alleged underpayments affecting Jimmy Brings delivery drivers, as the on-demand alcohol delivery service prepares to shut down operations across Australia.
The legal firm is investigating reports that drivers were regularly sent to collect multiple customer orders from retailers like Dan Murphy’s or Liquorland but were only paid a single pick-up fee – despite being promised payment for each individual delivery under their contracts.
The investigation comes just weeks after Jimmy Brings sent out termination notices to its fleet of drivers nationwide, informing many they would be removed from the app within seven days. The company, founded in 2012 and acquired by Endeavour Group in 2017, has in recent times operated through MilkRun.
Gordon Legal Associate Guy Tiffany, who is leading the investigation, said:
“Many Jimmy Brings drivers are in precarious positions with no guarantee of ongoing regular work and we are seriously concerned that Jimmy Brings has not been paying them what it promised under the contracts. We expect that this underpayment may have impacted thousands of delivery drivers across Australia. We want to speak to anyone who has worked with Jimmy Brings as a delivery driver so we can understand the true scale of the issue.”
Speaking to National Liquor News, Gordon Legal Partner James Naughton confirmed the investigation was prompted by concerns raised by drivers.
“We have been contacted by several drivers who are concerned that they have not been paid in accordance with their contracts and are therefore owed compensation,” he said. “Gordon Legal is investigating whether it may be appropriate to bring a class action to pursue these claims on a collective basis.”
Naughton explained that under the terms of their contracts, drivers should receive a pick-up fee for each order they deliver.
“Gordon Legal understands that it is common for drivers to be sent to a store, such as Dan Murphy’s or Liquorland, to pick up multiple customer orders at the same time. Often, a job is not released to a driver until multiple customer orders are ready to be collected. When this happens, drivers are only paid a single pick-up fee even though their contracts promise payment for each individual order.”
While the exact number of impacted drivers is still unclear, Naughton said the scale could be substantial.
“Jimmy Brings claims to operate in 13 cities and 2,200 suburbs nationwide. Already, over 150 drivers have registered their interest in our investigation.”
He said drivers may be entitled to significant compensation:
“We have been told that some drivers collect more than five of these ‘multiple pick-up’ orders per day. They are potentially missing out on a significant portion of the payment that they are owed under their contracts. For some long-term drivers, this could be in the tens of thousands of dollars.”
Despite the company’s imminent shutdown, Naughton said the class action remains viable.
“Jimmy Brings was started by Jimmy Brings Pty Ltd. That entity is now part of the Endeavour Group. Both Jimmy Brings Pty Ltd and Endeavour Group Limited have signed contracts with drivers; therefore, our investigation is focused on both parties.”
He added that while the recent contract terminations are not directly related to the pay dispute, they highlight the vulnerability of gig-economy workers.
“While investigating these claims, Gordon Legal has become aware that Jimmy Brings has commenced terminating most, if not all, of its contracts with drivers. In late June, many drivers received termination letters with as little as seven days’ notice, and many have already been kicked off the app.
“This issue is unconnected with the issue that is the subject of our investigation. However, Gordon Legal considers that this situation underlines the precarious position of gig-economy workers.”
Naughton urged all former Jimmy Brings drivers who believe they may have been underpaid to register their interest via the Gordon Legal website.
“Drivers should visit the Gordon Legal website and register their interest by providing some basic information about their work with Jimmy Brings and Endeavour Group. Registration is confidential and obligation-free, and their information will not be supplied to Jimmy Brings or Endeavour Group.”
He also noted the legal limitations faced by these workers.
“Drivers for Jimmy Brings are independent contractors, not employees. This means that they don’t have entitlements like sick leave and minimum wage, and they can’t go through their union or to the Fair Work Commission with this issue.”
Gordon Legal is continuing to gather evidence and encourages any current or former Jimmy Brings drivers who may have been impacted to come forward.
A spokesperson for Endeavour Group told National Liquor News: “We are aware of this matter, however we have not been served with any claim and cannot comment any further at this time.”
More information and the registration form can be found at:
https://gordonlegal.com.au/services/class-actions/jimmy-brings-class-action-investigation/