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Specialists in Public Hospitals

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My position may be made redundant or my fraction decreased to almost nothing. What are my rights?

For specific conditions regarding redundancy you must check the relevant collective agreement and hospital policy.

A position is made redundant when the hospital no longer requires the work the doctor is doing to be done by anyone. This can include instances where the hospital outsources the service or when the position changes from full time to part-time. In the case of a part-time specialist, if the change proposed is of such magnitude that it alters fundamentally the nature of the contract and the specialist does not agree to the change then the entire contract may be terminated as a redundancy. If your fraction drops to less than 50% of the contracted hours then this will automatically apply.

When a position is made redundant two optional packages apply to the Victorian public sector. These are targeted separation packages and voluntary departure packages.

If the relevant collective agreement provision and the public sector policy are different, the more favourable will apply.

Targeted separation package

This package applies when the redundancy is compulsory.

The package is:

  • four or five weeks’ notice (you may be entitled to three months’ notice)
  • two weeks pay per year, of service up to a maximum of 10 years.

Voluntary departure package

This package applies where the hospital calls for expressions of interest from employees in taking a redundancy package where redundancy is not compulsory.

The package is:

  • 4 or 5 weeks notice (you may be entitled to 3 months notice).
  • A lump sum of $10,000 (pro rata for part-time).
  • 2 weeks pay per year of service up to 15 years.
  • 3 year restriction on re employment in the public sector other than in extraordinary circumstances.

A number of other conditions apply. Members should contact the AMA Victoria Workplace and Advocacy Unit if they are likely to be affected by such changes.

References: Medical Practitioners Award 2010 cl 8, Industrial Relations Policy Manual for the Victoria Public Sector 2010 Section 5.1. November 2002 Heads of Agreement cl 5.28

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