The state of Tasmania has filed a counterclaim against former Launceston surgeon Brian Kirkby, saying he was overpaid more than $15,000.
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The state also said Mr Kirkby’s contract of employment was terminated by him “resigning (or abandoning) his employment”.
Mr Kirkby, who was Launceston General Hospital director of surgery until January 31, filed a claim against the state government for more than $4 million last month, claiming loss of future income.
His claim was filed with the Launceston Supreme Court in February, and the state filed its defence and counterclaim last week.
Mr Kirkby said he took up a lower paid position in Queensland because his role at the LGH changed significantly, breaching his employment contract.
At 48, Mr Kirkby is claiming he would have expected to work for the next 19 years at the LGH.
The loss of income was therefore calculated as the difference between his annual salary at the LGH of more than $700,000, compared to his $427,280 remuneration package at the Queensland hospital – totalling $4,044,658.44 after subtracting 25 per cent for contingencies.
He is also claiming unpaid time off in lieu of $19,948.96 and underpaid pay rate increases of $55,302.49.
In its defence statement, the state said it had paid Mr Kirkby all accrued entitlements.
It also said the Tasmanian Health Service chief executive officer was “empowered to make, from time to time, changes to both the duties attaching to the position and to be performed by the plaintiff”.
Mr Kirkby’s statement of claim alleged the state breached his contract due to a number of changes to his role between July 2015 and December 2017.
It said the actions of the THS, in making “unilateral changes” to Mr Kirkby’s role, caused the breach.
In its response, the state said Mr Kirkby left his employment as director of surgery on January 31 this year, and, “in effect, resigned from the same”.
The state also said Mr Kirkby had been overpaid $15,332.74, and made a counterclaim to that amount.
Mr Kirkby moved to Queensland in early February where he is now working as director of surgery at a hospital in Caboolture.