Visionstream Representative Action

Shine Lawyers are investigating a representative action against Visionstream Pty Ltd (Visionstream), on behalf of telecommunication workers who have suffered financial losses after entering into sub-contracting arrangements with Visionstream.

Shine Lawyers NZ are investigating a representative action against Visionstream Pty Ltd (Visionstream) and/or Chorus on behalf of telecommunication workers who have suffered financial losses after entering into sub-contracting arrangements with Visionstream.

Visionstream provides telecommunication services on behalf of the telecommunications infrastructure operator: Chorus. From 2009 Visionstream has been contracted to Chorus to undertake the construction and maintenance on both the new and the existing copper network.

Since 2011, Visionstream has been Chorus’s preferred supplier to undertake 80% of the rollout of New Zealand’s $1.7billon Ultrafast Broadband (UFB) fibre rollout (the UFB rollout).

Visionstream’ s operations and maintenance work are limited to Auckland and Northland. However, Visionstream undertakes the UFB rollout installations for Chorus in the following regions of New Zealand:

Hutt Valley Oamaru
Masterton Queenstown
Napier Invercargill
Hastings Queenstown
Masterton Dunedin
Gisborne Wellington
Ashburton Wellington
Gisborne Kapiti Coast
Timaru Manuwatu

Shine Lawyers allege that Visionstream has misrepresented the true nature of its engagement with thousands of telecommunication technicians involved in working on both the copper network and the UFB rollout.

The central question in an action would be whether telecommunication workers who purportedly entered into sub-contracting arrangements with Visionstream were actually employees of Visionstream.

Register your interest in the representative action

Shine Lawyers are encouraging all telecommunication workers who have provided telecommunications technician services directly to Visionstream, purportedly as independent contractors, to register their interest in participating in the claim on a confidential and obligation free basis.

Please register your interest using the form.

We will be in touch with you as soon as possible to provide you with further details about the action.

FAQ

Who is affected?

To be eligible to participate in the claim you must have provided telecommunications service to Visionstream Pty Ltd either as a technician or as part of the UFB rollout.

If you wish to register your interest in joining the Visionstream Action, simply click the ‘Register Now’ button at the top of the page and fill out the simple web form.

How much will it cost me to join the representative action?

It will not cost you anything to join the representative action investigation.

How much money could I claim?

At this stage, it is impossible to provide an accurate figure of what each group member can expect to receive if a representative action proceeded and was successful. This is due to a variety of factors.

However, telecommunication technicians who worked with Visionstream from 2013 to date may be able to claim the following:

  • Wages and other entitlements they would have been entitled to if they were treated as employees;
  • Annual leave and other leave;
  • Expenses incurred as a result of the misclassification of the relationship; and
  • Monetary penalties.

What are the benefits of a representative action?

Due to the size of each individual claim, the costs of running this action as an individual would quickly exceed the potential damages recoverable. As each group member’s claim involves many common questions of fact and law, running this action as a representative reduces the average cost of litigation to a client by only addressing the common issues once at trial, instead of multiple times.

What are the risks to me?

There are no risks to you of joining the representative action.  Any representative action is likely to be backed by a litigation funder who has reviewed the case and agreed to fund it on the basis that it has good prospects of success.  The litigation funder would pay for all the legal and expert costs of taking the claim, and also provide protection for any adverse costs awards. In exchange, it would take a percentage of any recovery.

 

 

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