Win for JMOs – Unpaid meal breaks for JMOs, NNSWLHD

24-May-2019

ASMOF is pleased to advise that as a result of our advocacy for JMOs, NNSWLHD has corrected all their roster templates across their Health District, effective from 9 April 2019 to ensure compliance with the payment of meal breaks for JMOs.

We have worked closely with NNNSWLHD who have committed to back-pay all JMOs who have been underpaid for meal breaks incorrectly rostered as unpaid meal breaks rather than paid meal breaks since the HealthRoster Go Live date 8 June 2015. In reaching agreement to resolve this, NNSWLHD has confirmed there will not review or recover overpayments should any have occurred, where a meal break was not required to be paid.

Notwithstanding, individual JMOs are entitled to request a review of their shifts dating back to a maximum of 6 years consistent with the statute of limitations - if there is a genuine belief of an overall underpayment. However, should this request be made, JMOs must understand that there is real potential for an overpayment to be recovered based on the outcome of the audit. If you fall into this category, please contact the ASMOF office to discuss your matter.

We take this opportunity to remind all JMOs, consistent with clause 10 of the Public Hospital Medical Officers’ (State) Award, you are entitled to a paid meal break for shifts other than day shifts Monday to Friday. For day shifts Monday to Friday, an unpaid meal break continues to apply unless requested and required to work.

Any comments and/or concerns should be directed to allocation@asmof.org.au