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.
The class action was filed in the NSW Supreme Court on 16 December 2020.
Registration is now open.
Note for junior medical officers who were employed between 23 April 2021 and 27 April 2022:
The class action was recently expanded to include junior medical officers first employed during this period. The court has ordered that the parties distribute an opt out notice to these doctors, a copy of which is available in the ‘Key documents’ section of this webpage below.
If you meet these criteria you do not need to take any steps if you wish to remain a part of the class action, but if you wish to opt out of the case, you must return the notice to the NSW Supreme Court Registry by 4pm on Monday 18 July 2022.
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 27 April 2022 and were not paid your entitlements for overtime.
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 to 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.
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 2022, Dr Fakhouri filed a further 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 27 April 2022, and were not paid their entitlements for overtime, are now group members in the class action (unless they have opted out).
The NSW Ministry of Health is responsible for managing the NSW public health system, which operates approximately 220 public hospitals as well as providing community health and other public health services through a network of local health districts.
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