St Vincent's Hospital Sydney junior doctors class action underway

Seeking recovery of unpaid overtime, a class action has commenced in the Federal Court of Australia on behalf of junior doctors at St Vincent’s Hospital Sydney. Hayden Stephens & Associates commenced the class action, which it said seeks recovery of junior doctors’ unpaid overtime worked at St Vincent’s over the past 6 years.

Lead applicant doctor Dr Landgraf, in her representative capacity in the class action, will seek recovery of amounts owing to her and group members for unpaid entitlements due to them by operation of clauses 10 and 12 of the ‘Named NSW (Non-Declared) Affiliated Health Organisations Medical Officer Agreement’ (the Agreement), Hayden Stephens & Associates said.

In the action, group members will be defined as Medical Officers who have performed duties in “time worked” and “in excess of their ordinary hours” for which they have not received payment while employed by St Vincent’s Hospital Sydney over the last six years.

A claim of the class action will be that a contravention of the Agreement is also a contravention of the Fair Work Act, and remedies sought by Landgraf and group members under sections 44 and 50 of the Fair Work Act include compensation for underpayment and pecuniary penalties.

St Vincent’s doctors are covered by the Agreement registered with the Fair Work Commission and are therefore not eligible for the 2024 NSW Junior Doctors Settlement for any unpaid overtime performed at St Vincent’s — as that settlement applies to doctors employed under the State Award.

Hayden Stephens & Associates said on its website that it would like to speak with doctors on a confidential basis who have worked at St Vincent’s Hospital from January 2020 — to learn more about their duties performed and practice of work across different departments. If you would like to register your interest with Hayden Stephens & Associates, you can do so here.

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