Did Nurofen mislead you?

BY JESSICA ROUSE

The manufacturer behind painkiller Nurofen will be paying out compensation to consumers who may have been "misled" by it's Specific Pain Range products.

The manufacturer has $3.5 million in compensation to pay after settling a consumer class action. The Federal Court ruled four of the Specific Pain Range - for back pain, tension headaches, migraines and period pain - were all in fact chemically identical. The Specific Pain Range was almost double the price of regular Nurofen to boot.

Hunter consumers eligible for compensation are anyone who bought the products between 2011 and 2015.

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Nicky Breen from consumer advocacy group CHOICE says the company was fined $6 million in court earlier this year and compared to their income, it's really not a lot of money.

"It sounds like a lot of cash but when we compare it to estimates and the amount of money they made off selling these targeted pain relief products which is tens of millions of dollars - unfortunately collectively, these figures at the moment, they just become a part of doing business," said Nicky Breen.

The Federal Court ruled the company breached Australian consumer law but did note that they had moved to change its packaging. 

"At the heart of this matter is a company that has basically breached consumer law in order to maximise its profits and unfortunately, settlements and current penalties don't do enough to act as a deterrent for this kind of behaviour," said Nicky Breen.

CHOICE are seeing the whole situation as an opportunity to look into Australian Consumer Law which is currently under review and use the time to make the recommendations being suggested.

"Companies who are caught conning consumers instead of facing these penalties they should cop a fine of up to $10 million, three times the profit they made as a result of breaking the law or 10 per cent of their annual turnover. These are the recommendations for changes in the legislation and that's what we want to see happen," said Nicky Breen.

Fair Work Ombudsman takes action against Fletcher sushi operator

BY JARROD MELMETH

The Fair Work Ombudsman has commenced legal action against a number of Tokyo Sushi outlets, including the one at Fletcher, for allegedly underpaying seven workers more than $22,000 between January and September 2016.

Facing the Federal Circuit Court is Kiyoshi Hasegawa, who is involved in operating a number of Tokyo Sushi outlets in NSW and was allegedly involved in underpaying a total of 31 workers engaged across three outlets in the Newcastle and Central Coast regions. 

Inspectors allege during an audit of the Fletcher outlet as part of a routine proactive compliance activity, 15 workers were found to be underpaid a total of $22,567.

It is not the first time a Tokyo Sushi outlet in the Hunter has shortchanged staff, with one former employee telling 2NURFM they have allegedly been underpaid thousands of dollars.

Fair Work Ombudsman Natalie James alleges that many of the underpaid employees were more vulnerable to exploitation in the workplace with seven employees at the Fletcher store were allegedly aged between 16 and 20.

“Employers should be aware that we treat the underpayment of young and overseas workers particularly seriously.

“Young workers and workers from migrant backgrounds can be more vulnerable to exploitation as they are often reluctant to complain or are less aware of their rights.

“My agency is committed to sending a message to all business operators that anyone who attempts to capitalise on these vulnerabilities can expect to face serious enforcement action,” Ms James said.

Image source: Tripadvisor