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Assessment of Claims
Under the Settlement Scheme, Participating Group Members are entitled to compensation for:
The Loss Assessment Formula (Annexure A to the Settlement Scheme) sets out the calculation methodology.
Calculation of Unrostered Unpaid Overtime
Unrostered Unpaid Overtime (including time required to be worked during meal break periods on day shifts, Mondays to Fridays) for each calendar year will be calculated pursuant to
Method 1 and Method 2 in the Loss Assessment Formula.
Method 1:
Average Hours x Rate of Pay x Full-time Equivalent (FTE) load = preliminary entitlement to unrostered overtime per fortnight.
Important notes:
Term | Meaning |
Average Hours | The loss assessment formula sets the Average Hours of Unrostered Unpaid Overtime worked per junior medical officer per fortnight as 9.48 hours during the Claim Period. This has been calculated based on evidence gathered during the investigation and running of the Class Action. It is important to note that 9.48 hours is an estimate. The precise hourly entitlement of each Participating Group Member cannot be quantified because:
|
Rate of Pay
| The Rate of Pay that will be used in the Loss Assessment Formula is the hourly rate of pay set out in the applicable version of the Health Professional and Medical Salaries (State) Award for the Participating Group Member’s Classification during the fortnight. |
Classification | Any of the following categories of junior medical officer: intern, resident (1st year – 4th year), registrar (1st year – 4th year), or senior registrar. |
Full-time equivalent load (FTE) | For the purposes of the Unrostered Overtime calculations, the Participating Group Member’s FTE will be based on the FTE as set out in the Notice of Claim Data and Eligibility. |
Weighting | An adjustment made to reflect the fact that less Unrostered Overtime was claimed by, and paid to, Participating Group Members before 2019 than after 2019 because of the introduction of UROC and the expansion of the categories of authorised Unrostered Overtime in the policy directives. |
The loss assessment formula sets the Average Hours of unpaid, Unrostered Overtime worked per junior medical officer per fortnight as 9.48 hours during the Claim Period. This has been calculated based on evidence gathered during the investigation and running of the Class Action.
It is important to note that 9.48 hours is an estimate. The precise hourly entitlement of each Participating Group Member cannot be quantified because:
- There are no records or data that would enable actual or average actual hours to be determined;
- Each Participating Group Member’s experience and working hours are different, and
- Some of the time spent by Participating Group Members at hospitals would not be overtime for which an amount is payable under the applicable version of the Public Hospital Medical Officers (State) Award.
The Rate of Pay that will be used in the Loss Assessment Formula is the hourly rate of pay set out in the applicable version of the Health Professional and Medical Salaries (State) Award for the Participating Group Member’s Classification during the fortnight.
Any of the following categories of junior medical officer: intern, resident (1st year – 4th year), registrar (1st year – 4th year), or senior registrar.
For the purposes of the Unrostered Overtime calculations, the Participating Group Member’s FTE will be based on the FTE as set out in the Notice of Claim Data and Eligibility.
An adjustment made to reflect the fact that less Unrostered Overtime was claimed by, and paid to, Participating Group Members before 2019 than after 2019 because of the introduction of UROC and the expansion of the categories of authorised Unrostered Overtime in the policy directives.
Method 2:
The sum of all amount/s calculated pursuant to Method 1 for each calendar year will then be multiplied by the “Weighting” assigned to that calendar year.
As part of the assessment process currently underway, the Scheme Administrator is determining the appropriate weighting to be applied to each calendar year of the Claim Period. When these weightings have been decided the Scheme Administrator will make them available to Participating Group Members.
Calculation of Unpaid Meal Breaks
The Loss Assessment Formula provides that a Participating Group Member is entitled to compensation for Unpaid Meal Breaks if:
A Participating Group member was rostered to (a) start a shift before 8am or end a shift after 6pm on Mondays to Fridays; or (b) a shift on Saturdays or Sundays; and 30 or 60 minutes was deducted from that shift for a meal break.
It was known at the time of settlement, that the Health Roster Data that forms part of the Detailed Claim Data was incomplete, meaning there are periods within the Claim Period (2014 – 2024) where there is no Health Roster Data.
Therefore, to calculate a Participating Group Member’s entitlement to compensation for Unpaid Meal Breaks, the Loss Assessment Formula provides:
Method 3:
When Health Roster data is available for the whole of a fortnight, the calculation of your preliminary entitlement for meal breaks that meet the above criteria will be the value of each meal break deduction (30 or 60 minutes) plus an amount equivalent to the statutory employer superannuation contribution on that value.
Method 4:
When Health Roster data is unavailable for the whole or part of a fortnight, the calculation of your preliminary entitlement for meal breaks that meet the above criteria will be the average of all Participating Group Members’ meal break preliminary entitlements calculated pursuant to Method 1 on a per fortnight basis multiplied by the number of fortnights you worked where Health Roster data is unavailable.
Calculation of Underpayment of Rostered Overtime
The Loss Assessment Formula provides that a Participating Group Member will be entitled to compensation for underpayment of Rostered Overtime in the following circumstance:
For each calendar year, your preliminary entitlement for underpayment of rostered overtime will be the sum of any fortnightly amounts calculated pursuant to the method below:
- Calculate total number of paid hours for the fortnight
- Treat the following as overtime:
- time designated as overtime hours in the Defendants’ payroll data;
- time worked in excess of 10 hours per effective start date; and
- time worked in excess of 10 days for the fortnight (allocating the shortest worked day/s to overtime)
- Calculate the total overtime hours and any residual overtime
- Apply penalty rate multipliers to total overtime hours
- First 2 hours (or part): 1.5x
- Any additional time: 2.0x
- Calculate the total number of hours that should have been paid
- Deduct the number of hours that were actually paid from the total number of hours that should have been paid to get the shortfall amount
- Shortfall x Rate of Pay = preliminary entitlement to compensation for underpayment of rostered overtime for the fortnight
Important Notes:
The Rate of Pay that will be used in the Loss Assessment Formula is the hourly rate of pay set out in the applicable version of the Health Professional and Medical Salaries (State) Award for the Participating Group Member’s Classification.