ACT junior doctors reach landmark class action settlement

18 September 2024

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 about the settlement in the coming months.

Dr Ying Ying Tham, the lead plaintiff in the ACT class action, 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”.

“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,” Dr Tham said.
Law firms Gordon Legal and Hayden Stephens & Associates represent Dr Ying Ying Tham.

Hayden Stephens, who also represents junior doctors in NSW and Victoria, said the result in the ACT was “a landmark settlement” for the Territory. It follows a successful Federal Court decision on behalf class of a Victorian junior doctor in 2022, and more recently the resolution of the NSW junior doctors class action for over $200 Million in March this year.

“Never before has a wage underpayment class action of this size settled in the ACT”. Mr Stephens 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.”

Andrew Grech of Gordon Legal said:

“The ACT Government should be commended for prioritising the wellbeing of our doctors by resolving this case. In Victoria, junior doctors are now in their fourth year of hard-fought litigation. 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”.

AMA President Kerrie Aust paid tribute to the courage shown by Dr Tham:

“I’m pleased the ACT Government have seen fit to come to the table. 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”.

“We call on junior doctors to visit Gordonlegal.com.au to ensure they receive updates on the settlement process”.

The settlement terms are subject to final approval by the Federal Court, which will be considered later this year. Subject to that court approval, a process for assessing the claims of eligible current and former junior doctors will commence in early next year.

Media contacts:
Laura Aridas | [email protected] | 0403 073 549
Jodie Box | [email protected] | 0421 999 796