Tasmanian junior doctors launch ‘state’s first’ wage-theft class action

Junior doctors across Tasmania are pursuing the state’s first wage-theft class action, demanding compensation for years of unrostered and unpaid overtime.

Tasmania’s junior doctors are taking a historic stand against unpaid, unrostered overtime by launching the state’s first wage-theft class action in the Supreme Court, demanding repayments for the years of uncompensated work performed at the Royal Hobart Hospital and Launceston General Hospital.

This legal action places Tasmania at the forefront of a nationwide push for reform, following record-breaking wage-theft settlements elsewhere, including $31.5 million in the ACT, over $200 million in NSW, and a $175 million Victorian settlement awaiting court approval.

At the forefront of the legal action is Dr Emily Mackrill, now a general practitioner in Launceston.

Between 2019 and 2021, she served as an intern and resident medical officer at Launceston Hospital, where she often worked “unpaid, unrostered overtime across several departments”.

Dr Eibhlinn Cassidy, a former Launceston hospital doctor, asserted that “junior doctors in Tasmania only want what’s fair”.

“Many of us have worked excessive hours without pay, often late into the night, to ensure our patients are cared for. The fact that hospitals refuse to acknowledge these long hours is not sustainable – and it’s not safe for doctors or patients,” Cassidy said.

“This isn’t about seeking extra money – it’s simply about being paid for the hours we’ve worked.”

The class action, led by Hayden Stephens & Associates, aims to tackle the “systemic underpayment” that occurs when doctors work beyond their rostered hours.

A survey by the Board of Australia’s 2024 Medical Training Survey revealed that nearly half of Tasmanian doctors reported that unpaid overtime had a negative impact on their wellbeing, while more than 60 per cent said it adversely affected their training.

The consequences of unpaid overtime extend far beyond junior doctors themselves. Fatigue directly contributes to clinical errors, with a survey in Victoria revealing that more than half of doctors feared making mistakes due to exhaustion.

Hayden Stephens, director of Hayden Stephens & Associates, highlighted that governments across Australia have listened to junior doctors’ concerns and taken action – and stressed that it is now time for Tasmania to do the same, sending a clear message of support to the state’s medical workforce.

“State and territory governments around the country have recognised the scale of this problem and chosen to resolve junior doctors’ concerns, it’s time [the] Tasmanian government did the same,” Stephens said.

“I’ve interviewed hundreds of doctors around the country about hospital management’s refusing to pay overtime. Launceston General Hospital is by far the worst I’ve heard.”

“This incoming Tasmanian government must now acknowledge the errors of the past, and send a strong message of support to Tasmania’s medical workforce and resolve this action early. The alternative is protracted litigation while junior doctors continue to carry the burden of a broken system.”