SASMOA wants to gauge the level of member support for a “class action” type claim in the South Australian Employment Tribunal seeking the payment of the agreed 50% penalty for all hours worked (including recall, overtime and telephone calls) after 8 consecutive days since November 2018.

The Department of Health and Wellbeing (DHW) recently reneged on a formal agreement made with SASMOA before the SA Employment Tribunal in November 2018 to recognise approved recall, overtime and telephone calls as ‘work’ when determining whether a TMO has worked more than 8 consecutive days.

DHW now argue that the terms of the Agreement are ambiguous and the penalty is only payable where hours are rostered.

SASMOA has identified that TMOs may have been missing out on the penalty payment if they forgot to tick a box on the front of their timesheet or because the hours worked were not rostered.

We want to run an underpayment class action.

To participate in the class action, you would need to have:
  • worked > 8 consecutive days (including oncall / recall / telephone calls and overtime) at some time since November 2018;
  • been an Intern, RMO, Registrar or SMP at the relevant time; and
  • not been paid a 50% penalty for the relevant hours.