Pinned straw:
@Rick @Solvetheriddle good writeups on $LOV. I agree about the strength of the underlying business, and particularly the performance and runways ahead in US and Europe. I’m happy that they are innovating to try and create a second brand (but wish this was reported as part of BAU).
So, I agree that it is looking attractive now on valuation grounds.
But how does the staff class action in Australia figure in your thinking? I heard one question in the Q&A dealt with summarily, just saying that they haven’t heard anything from their team about any impact of the online boycott call linked to the court case.
I had a look at the website of the legal firm pursuing the case, for which a trial date has been set for April 2027. Here’s the full update. Presumably they will try to settle, and the benchmarks I’ve looked up indicate settlements in retail of $3k-6k are typical, but legal costs will add a bit to that. So, maybe a $10-20m exposure for FY27? Pure guesswork on my part.
LOVISA CLASS ACTION MOVES FORWARD IN FEDERAL COURT (from Adhero Law website)
The Lovisa Class Action continues to progress through the Federal Court of Australia. The proceeding concerns allegations of a series of underpayments of entitlements and unpaid work affecting an estimated 10,800 current and former Lovisa employees across Australia.
The class action relates to claims that certain employees were required to perform work outside their rostered hours without adequate compensation. These allegations raise issues commonly seen in large retail employment matters, including whether additional tasks performed before or after rostered shifts constituted work for which employees should have been paid. Lovisa has denied the allegations.
Since the commencement of the proceeding, over 1,800 registrations have been received to date, reflecting the scale of the issues being examined by the Court.
Progress of the Proceedings
Following the commencement of the class action, the parties have exchanged formal pleadings setting out their respective positions. These documents define the issues in dispute and form the basis upon which the Court will ultimately determine the claims.
The Federal Court has conducted case management hearings to determine how the proceeding should progress and to establish an appropriate framework for the next stages of the litigation. As a result of these hearings, the Court has ordered that the matter proceed to an initial trial, which is currently scheduled to commence in April 2027 for 3 weeks.
The purpose of the initial trial will be to determine issues that are common across the group, rather than the individual circumstances of each employee. This approach is commonly adopted in large class actions to ensure that key legal and factual questions are resolved efficiently and consistently.
Issues to Be Considered at Trial
The initial trial is expected to focus on common issues relevant to the claims of group members. These issues may include whether employees were required or expected to perform certain tasks outside of their rostered hours, whether that time constitutes work for which payment should have been made, and whether employment records were maintained in accordance with legal requirements.
Findings made by the Court on these common issues will assist in determining how the claims of group members are assessed more broadly, including in respect of calculating the underpayments and the liability of Lovisa
Preparation Before Trial
Before the trial takes place in April of 2027, both parties will undertake significant preparatory steps. These steps include agreeing on the specific common issues to be determined at trial and participating in a formal discovery process, which involves the exchange of documents relevant to those issues.
This preparatory phase is an important part of ensuring that the Court has access to the necessary evidence to determine the matters in dispute.
At this stage, the proceeding remains ongoing and no findings have been made by the Court in relation to liability, compensation, or outcomes for group members.
Ongoing Updates
The Court has approved a process that allows information about the proceeding to be made publicly available, including updates published on Adero Law’s website. Further updates will be provided as the matter progresses, including following future court hearings or other significant procedural developments.
Current and former Lovisa employees, as well as members of the public, can access the latest publicly available information about the Lovisa Class Action through Adero Law’s website.
Disc: Not held