BREAKING ACTION
–
BREAKING ACTION –
ACT Junior Doctors Class Action
Junior doctors in the ACT have reached a landmark $31.5 million settlement in their fight for unpaid overtime.
The class action result paves the way for an estimated 2,200 junior doctors employed in the ACT over the last eight years to receive repayment for their unpaid overtime. All junior doctors employed by the ACT Government and Calvary Health Care (now North Canberra Hospital) will be notified details about the settlement, which is still subject to court approval, in the coming months.
Timeline
11 November 2022
Hayden Stephens & Associates, together with Gordon Legal, filed a class action in the ACT on behalf of Dr Ying Ying Tham, alleging that Canberra Hospital and Calvary Health Care (now North Canberra Hospital), failed to pay Doctors in Training for their unrostered overtime.
5 August 2024
The parties attended mediation.
17 September 2024
Settlement deed executed.
18 October 2024
Case management hearing before the Honourable Justice Snaden to fix a date for the settlement approval hearing.
Together, we’re making lasting change.
“Junior doctors are almost at the point of no return. Enough is enough. We can’t go on like this”
– Dr Betty Ge, ACT Doctor.
The Challenge.
Unsafe working hours pose a risk to patients and junior doctors themselves.
Junior doctors in the ACT work excessive hours, many of which go unpaid.
Doctors in the ACT have asked us to investigate a class action to recover their unpaid wages, alleging breaches of the Enterprise Agreement(s) and the Fair Work Act 2009 (Cth) by the ACT Government
Change is needed in the ACT.
In recent surveys conducted by the Medical Board of Australia, Canberra doctors have complained of bullying, harassment, and underpayment.
Less that 1 in 5 doctors surveyed said they were always paid for their unrostered overtime – the lowest proportion in the country.
The objective.
To make thing better for those that come after us.
That means:
A safe working environment for patients and doctors alike
Health authorities in the ACT adhering to their own agreed pay conditions with junior doctors.
“For the future of our profession, we must all listen to what thousands of trainees have told us and work together to build a culture of respect…
We must keep our trainees (doctors) safe and make it safe for them to speak up.”
Dr Anne Tonkin. (Chair, Medical Board of Australia ) ‘Junior docs overworked, underpaid, bullied’,Canberra Times, Feb 2 2021.
Our approach is tailored especially for ACT Doctors in Training.
Partnering up.
To help prosecute this action, we have chosen to partner with Gordon Legal.
Their group litigation, industrial and employment team in Melbourne offers a depth of experience and access to resources.
Working in service.
Litigation is expensive, and we understand junior doctors may not have the means to fight this action alone.
Together with Gordon Legal, we will conduct this case on a ‘No Win No Fee’ basis.
Change that lasts.
Compensation does not alone achieve lasting change. That’s why our calls for change don’t stop there.
To bring awareness to these issues we will highlight the need for extra resources, education and training to change the way junior doctors are treated in their workplace.
Enquire Now.
If you are, or have been, a doctor in training in the ACT at any time since November 2016, you can seek more information and register your interest via the enquire now.
The action is being run in collaboration with Gordon Legal.