Junior doctors have reached a $31.5 million settlement over unpaid overtime in the ACT. Photo: Michelle Kroll.
A class action has resulted in junior doctors reaching a $31.5 million settlement with the ACT Government to be reimbursed for unpaid overtime.
This will allow about 2200 junior doctors employed in the ACT over the last eight years to receive repayments for their unpaid overtime, a statement by Gordon Legal and Hayden Stephens & Associates says.
“All junior doctors employed by the ACT Government and Calvary Health Care (now North Canberra Hospital) will be notified about the settlement in the coming months,” the law firms said on Wednesday (18 September).
The firms represented lead plaintiff Dr Ying Ying Tham, who said that court action was necessary to address junior doctors’ long-held concerns about hospitals’ failure to recognise all their working hours.
“Our purpose in bringing this case was to ensure junior doctors’ additional hours were properly recognised and fairly compensated,” Dr Tham said.
“I am pleased the ACT Government have seen fit to resolve this case. Our doctors are best focused on our patients, not fighting for our rights in court.”
Hayden Stephens said the result was “a landmark settlement” for the ACT.
“Never before has a wage underpayment class action of this size settled in the ACT,” he said.
“Excessive overtime and underpayment of junior doctors at Canberra Hospital and Calvary Health has been a prolonged systemic problem for a number of years.
“This case and others like it around the country represent a seismic shift in the way junior doctors must be treated in their workplace.”
A Canberra Health Services (CHS) spokesperson said CHS had investigated the matters raised by junior medical officers (JMOs) and worked collaboratively during the legal proceedings to come to a settlement that was fair and appropriate.
They did note the settlement was still subject to approval by the Federal Court. This will be considered later in 2024.
“While we actively work to avoid excess overtime, where overtime is necessary, we have made it easier for our junior doctors to claim,” the CHS spokesperson said.
“We have improved support for JMOs through initiatives including introducing a director of clinical training and a chief medical wellbeing officer to support and enhance the development, supervision, and wellbeing of medical officers, including junior doctors, across the organisation.
“We are also providing longer contracts to improve job security for graduating doctors, creating additional positions for these extended contracts, and increasing pastoral care, training, and development coordination.”
Health Minister Rachel Stephen-Smith says she was “really pleased” the ACT had settled. Photo: Michelle Kroll.
ACT Health Minister Rachel Stephen-Smith said the overwork of junior doctors was not an issue that was unique to the ACT, and there had already been similar settlements in other jurisdictions.
However, she was “really pleased” the ACT had settled with its junior doctors and she welcomed them taking action to stand up for their rights.
“This is an ongoing cultural issue with doctors and so health ministers have also been talking to the professional colleges about how we address these ongoing cultural challenges in the medical profession,” she said.
“This is how, traditionally, junior medical officers have been treated and junior doctors have been trained.
“Canberra Health Services has had some very clear messages to our senior medical staff and to our junior medical officers to say this is not okay. If junior medical officers are working unrostered overtime, tell us about it. Not only will you get paid, but that will inform future rostering activity.”
Hayden Stephens & Associates and Gordon Legal filed the class action in November 2022, alleging Canberra Hospital and Calvary Health Care (now North Canberra Hospital) failed to pay doctors in training for their unrostered overtime.
The parties attended mediation earlier this year, and the settlement deed was executed on Tuesday (17 September).
Andrew Grech of Gordon Legal commended the ACT Government “for prioritising the wellbeing of our doctors by resolving this case”, while Australian Medical Association ACT president Dr Kerrie Aust paid tribute to Dr Tham’s courage.
“I’m pleased the ACT Government have seen fit to come to the table,” Dr Aust said.
“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.”
The law firms said subject to the final court approval, a process for assessing the claims of eligible current and former junior doctors will begin early next year.
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