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In December 2020, Maurice Blackburn and Hayden Stephens & Associates filed a class action against the NSW Ministry of Health on behalf of lead plaintiff, Dr Amireh Fakhouri, and junior medical officers to recover unpaid wages.  

Case updates

The class action was filed in the NSW Supreme Court on 16 December 2020.

 

Key dates

Registration is now open.

Am I eligible to join the class action?

You can register for the class action if you worked for the NSW Ministry of Health as a junior medical officer at anytime between 16 December 2014 and 22 April 2021 and were not paid your entitlements for overtime.

If you're unsure whether you are eligible, or are having difficulty completing the registration form, please contact us at NSWJuniorDoctors@mauriceblackburn.com.au or on 1800 318 062.

If you are a group member in the class action, and you would like to be kept updated about its progress, we encourage you to register.  Please be assured that, if you choose to register, we will not disclose your identity to any third party, including the NSW Ministry of Health, without your permission.

Signing up to the class action will not expose you to any upfront costs. All costs in the proceeding will be borne by the lawyers unless and until there is a successful outcome. In the event of a successful outcome, any costs payable by Maurice Blackburn and Hayden Stephens & Associates will be deducted from, and will not exceed, any compensation that you're entitled to receive. All such costs are required to be considered and approved by the Court.

Find out more about the registration process, retainer costs and cooling off period

About this class action

The class action alleges that the NSW Ministry of Health or, alternatively, the State of NSW failed to pay junior medical officers (i.e. interns, resident medical officers, registrars and senior registrars):

  • their entitlements pursuant to the statutory award; and
  • for un-rostered overtime.
     

In April 2021, Dr Fakhouri filed an amended statement of claim which extended the class of current and former junior medical officers.  All people who were employed by the NSW Ministry of Health as junior medical officers at anytime between 16 December 2014 and 22 April 2021, and were not paid their entitlements for overtime, are now group members in the class action.  

The NSW Ministry of Health is responsible for managing the NSW public health system, which operates approximately 230 public hospitals as well as providing community health and other public health services through a network of local health districts.

A copy of the opt out notice can be found below. Copies of other key documents in the class action, including the amended statement of claim and defence, are available on the NSW Supreme Court’s website.


Key documents 

Case updates

The class action was filed in the NSW Supreme Court on 16 December 2020.

 

Key dates

Registration is now open.

Contact the team

Call: 1800 318 062

Email: NSWJuniorDoctors@mauriceblackburn.com.au

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