NSW junior doctors class action

Background

In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering current and former junior medical officers who worked any time in the period 16 December 2014 and 21 March 2024.  The class action sought to claim unpaid wages for rostered overtime, unrostered overtime, meal breaks, and superannuation.  

The proposed settlement

On 4 March 2024, the Parties reached a settlement of the class action for $229.8 million (inclusive of legal and other costs). The settlement is subject to approval by the Court. The legal team acting for Dr Fakhouri and group members recommend the settlement and regard it as fair and reasonable.    

Am I eligible to participate in the class action?

You are a group member and may be eligible to participate in the settlement if you were:

• employed as a junior medical officer (i.e. intern, resident, registrar, and/or senior registrar) by NSW Health at any time between 16 December 2014 and 21 March 2024;
• required, from time to time, to work more than your rostered ordinary hours; and
• not paid all your entitlements for that work.

If you're unsure whether you meet this criteria please contact us at NSWJuniorDoctors@mauriceblackburn.com.au or on 1800 318 062.

Participating in the settlement

To participate in the proposed settlement, you must register your details with us by 12 July 2024 (unless you have already done so).  This is a Court ordered deadline and we will not have discretion to accept registrations after this date.

At this stage, it is not possible to tell you how much you will receive by participating in the proposed settlement (if it is approved by the Court). This will depend on how many group members register and an estimate of each group members’ entitlements. 

Objecting to the proposed settlement

Any group member who wishes to oppose the proposed settlement:

• must complete and send a notice of objection to NSWJuniorDoctors@mauriceblackburn.com.au by 12 July 2024.
• may attend, or send a representative to attend, the Supreme Court of NSW on 19 August 2024 to address the Court with reasons why the proposed settlement should not be approved.