Background
In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering junior medical officers who worked between 16 December 2014 and 21 March 2024.
In a statement of claim, she alleged NSW Health failed to pay wages for rostered overtime, unrostered overtime, meal breaks, and superannuation which junior doctors were entitled to.
Since commencement of the proceedings, more than 20,000 medical employees have registered for the class action.
Outcome
On 4 March 2024, the Parties reached a settlement of the class action for $229.8 million, with this amount being subject to approval by the Court.
The settlement is reported to be the largest underpayment class action outcome in Australian legal history.
In 2022 research into the working conditions of NSW Junior Doctors revealed that 56% of doctors felt concerned for their personal safety due to fatigue associated with long working hours and 46% reported that they had made fatigue induced errors[1].
From 1 January 2025, wage theft will be criminalised under the Fair Work Act 2009 and employers may face up to 10 years imprisonment and attract significant financial penalties.
The Statement of Claim and other Pleadings can be found at the NSW Supreme Court Website.
[1] AMA NSW ‘Hospitals Health Check’ Survey 2022
Written by Victoria Stamper, Special Counsel and Tom Gillard Law Graduate. Please contact us on (08) 9321 0522 if you have any questions.
