Junior doctors in Victoria are launching legal action against what they claim is systemic and widespread underpayment for overtime.
A class action has been filed against Peninsula Health in the Federal Court, and lawyers say more will follow unless a resolution can be reached with the Victorian government and health services concerned.
About 10,500 junior doctors claim they are entitled to be paid for overtime worked over the last six years.
One of the doctors, Karla Villafana-Soto, said the legal action was a wakeup call, and tired and underpaid doctors should not be relied upon to prop up a broken system.
"Unfortunately, excessive workloads and poor staffing by health services have resulted in junior doctors having to pick up the slack to ensure proper patient care," she said.
Junior doctors were working, on average, 16 hours of overtime a week and some worked up to an extra 25 hours a week, according to a 2020 Victorian Australian Medical Association survey.
The Victorian branch of the Australian Salaried Medical Officers Federation, which is part of the legal action, said crippling fatigue placed patients at risk.
"Our junior doctors are crying out for help. Fundamentally this is a systemic failing across our health system. Unpaid labour is ingrained into the business model and it must stop," branch president Roderick McRae said.
The legal action is being led by Gordon Legal, and Hayden Stephens and Associates.
