Junior doctors appear to have won their battle over unpaid overtime with Peninsula Health, which runs Frankston Hospital, withdrawing its appeal against last year’s landmark Federal Court of Australia decision.

The Federal Court decided that Peninsula Health had contravened the Fair Work Act when it failed to pay $8000 for overtime to class action lead plaintiff Dr Gaby Bolton. 

Judge Mordecai Bromberg found that the hospital implicitly approved overtime work even if junior doctors did not complete formal overtime claims

The formal procedure for claiming overtime was based on a policy that doctors did not know existed, he said.