Peninsula Health wage theft appeal meets inglorious end
Peninsula Health wage theft appeal meets inglorious end
Media release
28 February 2023
Today Peninsula Health withdrew their appeal to overturn last year’s landmark ruling by the Federal Court.
In August 2023 the Federal Court of Australia ruled that Peninsula Health failed to pay lead applicant Dr Gaby Bolton for her unpaid overtime, and in doing so had breached their obligations under the relevant Enterprise Agreement and the Fair Work Act.
Peninsula Health’s dramatic change of heart and last-minute capitulation now means that the Federal Court’s earlier decision remains in place, paving the way for thousands of junior doctors to claim their unpaid wages.
Dr Roderick McRae, President of ASMOF Victoria, which brought the claim with Dr Gaby Bolton, said, “We remain disappointed that Peninsula Health has seen fit to waste valuable taxpayer money to pursue their unmeritorious appeal instead of devoting funds to repaying the stolen wages of junior doctors. We are gratified that the Full Court seemed to understand immediately the irony of even a few minutes of the Court’s time costing more by many multiples than the value of Dr Bolton’s claim.”
“Junior doctors deserve better than this. Not only were they forced to take their employers to Court, but now they have been dragged through the stress of the appeal process, only for their employer to capitulate. Our health services should be spending their money on paying our doctors for their working hours, not on legal fees.” Said lead applicant Dr Gaby Bolton.
Media office:
Laura Aridas | M | 0403 073 549 | laura@arize.com.au
Jodie Box | M | 0421 999 796 | jodie@arize.com.au
About the junior doctor class actions
These class actions relate to claims made by junior doctors for systemic and widespread underpayment of wages by their relevant health services. The doctors are seeking payment for unrostered overtime and penalties against the health services for breaches of the Fair Work Act.
Gordon Legal, together with Hayden Stephens & Associates, were engaged by the Victorian division of the Australian Salaried Medical Officers’ Federation (ASMOF) and individual junior doctors to pursue the claims in the Federal Court of Australia.
Full list of proceedings:
Victoria:
- ASMOF & Anor v Peninsula Health (VID115/2021)
- ASMOF & Anor v Monash Health, Latrobe Regional Hospital & Bairnsdale Regional Health Service (VID210/2021)
- ASMOF & Anor v Western Health (VID419/2021)
- ASMOF & Anor v Eastern Health & Royal Women’s Hospital (VID611/2021)
- ASMOF & Anor v Alfred Health & St Vincent’s Hospital (Melbourne) Ltd (VID700/2021)
- ASMOF & Anor v Northern Health (VID760/2021)
- ASMOF & Anor v Bendigo Health (VID774/2021)
- ASMOF & Anor v Melbourne Health & Northeast Health Wangaratta (VID715/2022)
- ASMOF & Anor v Goulburn Valley Health & Barwon Health (VID868/2023)
