ACT docs win overtime action
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Junior doctors in the ACT have won a class action over unpaid work.
A $31.5 million settlement has been reached in a landmark class action, expected to benefit around 2,200 junior doctors who have worked in the ACT over the past eight years, providing them with compensation for unrecognised additional hours.
The class action, spearheaded by Dr Ying Ying Tham, focused on the widespread issue of junior doctors working beyond their scheduled hours without being compensated.
“Our purpose in bringing this case was to ensure junior doctors’ additional hours were properly recognised and fairly compensated,” Dr Tham said.
She welcomed the ACT Government's decision to resolve the matter, saying; “Our doctors are best focused on our patients, not fighting for our rights in court”.
The settlement involves junior doctors employed by both the ACT Government and Calvary Health Care, which has since been renamed North Canberra Hospital.
Eligible doctors will be formally notified in the coming months about the settlement.
Hayden Stephens, the lawyer representing the ACT junior doctors and those in similar cases in New South Wales (NSW) and Victoria, described the settlement as a landmark achievement for the ACT.
“Never before has a wage underpayment class action of this size settled in the ACT,” he said.
Stephens said excessive overtime has been a systemic issue at Canberra Hospital and Calvary Health for years, calling the settlement part of a “seismic shift in the way junior doctors must be treated in their workplace”.
This settlement in the ACT follows similar actions in other states.
A successful Federal Court decision on behalf of Victorian junior doctors in 2022 set a precedent, and in March 2023, a NSW class action resulted in a $200 million settlement.
Stephens believes these cases represent a nationwide movement to reform how hospitals address wage underpayments for junior doctors.
Andrew Grech of Gordon Legal, who also represented the ACT junior doctors, commended the ACT Government for its decision to prioritise the wellbeing of healthcare professionals.
He contrasted this with ongoing litigation in Victoria, where junior doctors are now in their fourth year of court battles over similar claims.
“It’s time the Victorian government took note of their ACT and NSW colleagues and settled these cases to restore trust with their junior doctors,” Grech said.
The Australian Medical Association (AMA) President Kerrie Aust also praised the efforts of Dr Tham, recognising her courage in leading the class action.
“A hierarchical workplace can lead to a culture of silence among those who are most junior. This is a fantastic result made possible by Dr Tham’s enormous courage in speaking up,” Aust said.
The terms of the settlement are now subject to final approval by the Federal Court, which is expected to review the case later this year.
More details are accessible here.