Tasmania junior doctors launch wage theft class action

Tasmania junior doctors launch wage theft class action

Historic legal action seeks repayment for years of unpaid overtime at state's major hospitals

Junior doctors across Tasmania have launched the state's first wage-theft class action in the Supreme Court, demanding repayment for years of unpaid, unrostered overtime at Royal Hobart Hospital and Launceston General Hospital.

This groundbreaking case puts Tasmania on the frontline of a national reform movement that has already delivered some of the largest wage-theft settlements in Australia's history — including a $31.5 million settlement in the ACT, over $200 million in NSW, and a $175 million Victorian settlement currently awaiting court approval.

The lead plaintiff in this class action is Dr Emily Mackrill. Dr Mackrill is now a general practitioner working in Launceston, Tasmania.

Dr Mackrill worked as a junior doctor at Launceston Hospital from 2019 to 2021. As an intern and Resident medical officer, she worked unpaid unrostered overtime across several departments, including General Surgery, Oncology, Renal, Obstetrics and Gynaecology.   

Doctors Speak Out

"Junior doctors in Tasmania only want what's fair," said Dr Eibhlinn Cassidy, a former Launceston hospital doctor.

"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.

"This isn't about seeking extra money — it's simply about being paid for the hours we've worked," states Dr Cassidy.

A System in Crisis

The class action, run by Hayden Stephens & Associates, targets the systematic underpayment of doctors working beyond their rostered hours.

Similar cases interstate have exposed what junior doctors describe as a "toxic culture" of exploitation that pushes young doctors to exhaustion and, in some tragic cases, mental illness and even suicide.

Independent survey 'Board of Australia's 2024 Medical Training Survey' 2024 showed near half of Tasmania's doctors said that working unpaid overtime had a negative impact on their wellbeing.

Further, over 60% doctors reported working unpaid overtime had at least some negative impact on their training.

Impact Beyond Doctors - Patients at Risk

Excessive fatigue is a direct contributor to clinical mistakes. In Victoria alone, over 50% doctors surveyed feared making a clinical error due to fatigue — it's a patient safety crisis. Mistakes can be made in emergency rooms, surgical theatres, and hospital wards are more likely when doctors are exhausted.

A Moment for Tasmania's New Government

"State and Territory governments around the country have recognised the scale of this problem and chosen to resolve junior doctors' concerns it's time Tasmanian government did the same," said Director Hayden Stephens, who has successfully represented doctors in NSW, Victoria and the ACT.

"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" Mr Stephens said.

"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" Mr Stephens said.

National Significance

The Tasmania filing marks the fourth jurisdiction in which junior doctors are pursuing action, in what is shaping up as one of the most significant employment reforms in the Australian health sector in decades. This litigation is fast becoming a nationwide reckoning for how Australia treats its frontline medical professionals.

Key Facts:

• Junior doctors in Tasmania and around the country can regularly work 15%-25% extra hours unpaid every week.
• Doctors have reported that Fatigue can directly lead to medical errors, endangering patient safety.
• Similar actions interstate have resulted in some of the largest wage-theft settlements in Australian legal history.
• National surveys confirm burnout, mental illness, and workforce attrition are widespread among junior doctors.

Call to Action

Junior doctors are encouraged to register an interest. Doctors who believe they may be affected can register confidentially at:  https://www.haydenstephens.com.au

Media Inquiries:

Louise Greene, The Media Specialist 0479 101 274 Louise@themediaspecialist.com.au

Interviews:  Hayden Stephens available for interviews 0409 431 891