Building Recognition of Tasmanian Junior Doctors' Actual Working Hours
Tasmanian Junior Doctors Class Action
We have commenced a class action in the Supreme Court of Tasmania on behalf of Dr Emily Mackrill and other doctors, seeking recovery of their unpaid excess time (or unrostered overtime) worked at either Launceston General Hospital and/or the Royal Hobart Hospital over the past 6 years.
The action is based in contract and recovery of debt(s), arising from the employer’s failure to remunerate Dr Mackrill and other doctors for their work performed in excess of their rostered hours.
It is claimed that Dr Mackrill and the group members are entitled for payment for this work under clause 37 (later amended to clause 34) of the Medical Practitioners (Tasmanian State Service) Award. The proceedings also state that the relevant entitlement to overtime falls under clause 20 of the Salaried Medical Practitioners (AMA Tasmania / DHHS) Agreement 2009.
The class action covers medical officers employed at Launceston General Hospital and/or Royal Hobart Hospital from 27 May 2019 to present, which will include both those currently working at these hospitals, as well as doctors who are former employees.
Over half of doctors reported that they were not paid for their unrostered overtime, by either never receiving payment or only receiving it some of the time.
Over 60% reported that working unpaid overtime sometimes had a negative impact on their training.
– Board of Australia's 2024 Medical Training Survey
Am I eligible to join?
You may be a group member of this class action, if:
You are or have been a medical practitioner at Launceston or Hobart Hospitals from 27 May 2019 to present;
You fall within the following classifications:
Intern;
Resident;
Senior Resident;
Registrar (including Unaccredited Registrar and Accredited Registrar); and
Senior Registrar
You worked unpaid excess time
Please get in touch if you have any questions or feel you may be meet any of the above criteria.
You can register your interest in the class action below.
“…doctors have worked more than 500 hours of overtime whilst employed as junior doctors at the LGH which went unapproved and unpaid. Eventually some doctors stopped documenting overtime on their timesheet as it seemed redundant to do so as it was never approved”
– Ms Amanda Duncan, Nurse and Midwife, Launceston General Hospital. Commonwealth, Parliamentary Debates, Parliamentary Select Committee, 6 February 2021.
Frequently Asked Questions:
What is a class action or group proceeding?
A group proceeding, also referred to as a class action, is a type of court case started by one or more people—called lead plaintiffs—who bring the claim for themselves as well as for others with similar legal issues against the same opposing party (the respondent). Those additional participants are known as group members.
The aim of a group proceeding is to address shared questions of fact or law that affect the whole group. It isn’t necessary for each claim to be identical. In reality, it is normal for there to be differences in the type or amount of loss and damage experienced by each person in the group.
What is this class action about?
This class action concerns claims that medical officers at Launceston General Hospital and the Royal Hobart Hospital were required or expected to work overtime hours in excess of their rostered shifts without being paid.
The lead plaintiffs bring the claim on behalf of all eligible junior doctors who worked at these hospitals during the relevant period.
Am I a group member?
A “group member” or “class member” is a person who shares a dispute with the representative plaintiff in a class action, even though they may not know it.
A lead plaintiff is a person who “represents” the other people in the class action.
You may be a group member of this class action if:
You are or have been a medical practitioner at Launceston or Hobart Hospitals from 27 May 2019 to present;
You fall within the following classifications:
Intern;
Resident;
Senior Resident;
Registrar (including Unaccredited Registrar and Accredited Registrar); and
Senior Registrar;
You worked unpaid excess time
Why should I register?
Registering will give you updates about the progress of the class action. It will also allow you at a later date to provide information which will enable us to calculate and assess your entitlements.
What does it cost to take part in the class action?
There is no out-of-pocket cost to taking part in the class action. It is free to register.
You will not have to pay anything If the class action is unsuccessful.
If the class action is successful, the lawyer’s legal fees will either be deducted from the amount awarded to the group as a whole or from each individual group member.
Any payment of legal fees must be first approved by the Court as fair and reasonable.
Will my current employer find out about any involvement I have in this class action?
No. Your registration with us and details of your individual circumstances will be kept confidential and only shared with your employer with your permission.
Our approach is tailored especially for Tasmanian Doctors.
Partnering up.
To help prosecute this action, we have chosen to partner with Angela Sdrinis Legal.
Their team based in Hobart offers local experience and access to agency resources.
Working in service.
Litigation is expensive, and we understand junior doctors may not have the means to fight this action alone.
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 education and training in hospitals to change the way junior doctors are treated in their workplace.
