6 NEWS
PBS listed for COPD † & severe asthma ‡ 1
6 NEWS
19 APRIL 2024 ausdoc . com . au
Dr Gaby Bolton ’ s class action triumph
PBS listed for COPD † & severe asthma ‡ 1
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Trimbow 100 is indicated for the maintenance treatment of patients with moderate to severe COPD who are not adequately treated by a combination of an ICS + LABA or a LABA + LAMA . 2
‡
Trimbow 200 is indicated for the maintenance treatment of asthma , in adults not adequately controlled with a maintenance combination of a high dose of ICS / LABA , and who experienced ≥1 exacerbations in the previous year . 2
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Hospitals should now have to pay junior doctors overtime .
Heather Saxena “ DOCTORS could easily be owed $ 60,000 . And for some registrars — particularly those in very heavy overtime surgical specialties — I think it would be close to $ 100,000 over a four-year period .”
Dr Gaby Bolton is estimating what junior doctors and registrars might receive following the class action she led against Peninsula Health for unpaid overtime .
As the lead plaintiff , her part in the fight is over .
The $ 8000-odd in overtime she was owed while a junior doctor at Frankston Hospital in Melbourne four years ago is now hers to spend .
The money was paid soon after the Federal Court of Australia ruled last year that the hospital had breached the Fair Work Act when it failed to pay Dr Bolton for overtime across four separate rotations .
It was an important decision because the court determined that the significant workload Peninsula Health placed on doctors implicitly authorised the overtime even if they had not submitted formal overtime claims .
When the judgement was handed down , Dr Bolton had to sign an agreement that she would not spend the money until Peninsula Health ’ s appeal against the decision was done .
Last month , the health authority raised the white flag — the money is therefore hers .
But she says she cares far more about the legal precedent than the cash .
It will be left to the court to determine compensation for the 1500 doctors in her class action , plus eight other class actions . The alternative is for the health services themselves to offer a settlement .
Dr Bolton , who is now an anaesthetics registrar , has been told that as a result of her legal victory — claiming overtime has become easier , not just for junior doctors working for Peninsula Health , but those at the other health services targeted in the class action .
But she has also heard that , in some units , warnings for junior doctors not to claim overtime remain “ rampant ”.
“ Certainly , this is not ‘ flick the switch ’ and change everyone overnight ,” Dr Bolton says .
“ I think that is impossible . There are some people [ in management ] who think they are still going to get away with intimidation tactics by holding people ’ s careers in their hands .
“ It probably will not change until there is a change of leadership or directive from higher up .”
Dr Bolton says the legal victory has also forced her to tread carefully around a very small number of doctors and nursing staff opposed to the class action . “ They are certainly in the minority ,” she says .
“ But I try to keep a low profile around them and redirect conversations away from things that could maybe end
Dr Gaby Bolton .
in not the most polite debate .
“ The picture that was painted was that we were doing this because we wanted more money .
“ In fact , I would prefer to be enjoying my spare time .
“ We do get paid well compared with our other colleagues , like the paramedics , nurses and allied health staff .
“ But certainly , the money is not the
reason you hang around .”
She also says the money she is receiving is “ tokenistic ” compared with the time and years dedicated to the lawsuit . “ But somebody had to do it ,” she adds . “ For some people , it would cost them their job doing something like this . “ My lawyer was very firm on talking me through all of this before I said yes . “ He said , ‘ You do understand that these cases can be detrimental to you — are you sure you are willing to potentially put all that on the line ?’
“ But I did not really think it was that big of a risk for me . So far , I have thankfully been proven right on that assumption .” There has been a personal toll . At the original hearing last year , Dr Bolton was questioned “ non-stop ” for three-and-a-half days , just six weeks out from her anaesthetics exam . She did not pass ; her next attempt will be later this year . Then there was the unpleasant experience of being in the public eye .
“ I am a pretty introverted person . Having people want to interview me and put me in newspapers and on the news is not something I am very comfortable with .
‘ It probably will not change until there is a change of leadership or directive from higher up .’
“ It was quite an anxious wait to see if there was going to be much backlash . “ Thankfully , there was not . “ But a handful of people had something to say about me obviously not being very generous of spirit — something like , they would never see me volunteering overseas .
“ That is not true of my character , but it is still not very nice to read about yourself .” But was it worth it ? “ I suspect in time that other states and territories and potentially other medical-adjacent unions may pursue similar paths ,” Dr Bolton says .
“ So I can have a little bit of a role , I guess , in getting that ball rolling to better working conditions and remuneration .
“ In that case , it is probably worth it .”