Blomfield v State of Queensland (Queensland Health)

[2022] QIRC 116

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Blomfield v State of Queensland (Queensland Health) [2022] QIRC 116

PARTIES:

Blomfield, Jennifer
(Appellant)

v

State of Queensland (Queensland Health)
(Respondent)

CASE NO:

PSA/2022/196

PROCEEDING:

Public Service Appeal – fair treatment appeal

DELIVERED ON:

29 March 2022

MEMBER:

HEARD AT:

Pidgeon IC

On the papers

ORDER:

Pursuant to s 562C(1)(a) of the Industrial Relations Act 2016, the decision appealed against is confirmed.

CATCHWORDS:

PUBLIC SERVICE – EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY – public service appeal - external review – where the appellant applied for an exemption from Health Employment Directive No 12/21 Employee COVID-19 vaccination requirements  – where appellant was denied an exemption from complying with directive – where appellant submits that decision is unfair and unreasonable

LEGISLATION:

Industrial Relations Act 2016 (Qld)
ss 562, 562B and 562C

Public Service Act 2008 (Qld) ss 137, 187 and 194

Directive 11/20 - Individual Employee Grievances

Health Employment Directive No 12/21 Employee COVID-19 vaccination requirements

Reasons for Decision

Introduction

1. Ms Jennifer Blomfield (the Appellant) is employed by the State of Queensland (Queensland Health) (the Respondent). Ms Blomfield is employed as an Enrolled Nurse at the Sunshine Coast University Hospital (SCUH) within Sunshine Coast Hospital and Health Service (SCHHS).

2. Ms Blomfield has been an employee of the Respondent since 27 January 2009.

1. On 14 January 2022, Ms Blomfield received an internal review decision confirming a decision not to approve her application for an exemption from compliance with Health Employment Directive No 12/21 (Directive 12/21) which requires her to receive the required doses of the COVID-19 Vaccination.:

Actions taken to review the decision made by the EDP&C
I have carefully and fully considered the following documentation and information:

·        your exemption application form;

·        supporting documentation you provided, including letters from Kennedy Spanner Lawyers;

·        the mandatory vaccination exemption outcome decision by the EDP&C, dated 15 November 2021;

·        Public Service Commission (PSC) Directive 11/20 – Individual Employee Grievances (PSC Directive 11/20);

·        Individual Employee Grievances Human Resources (HR) Policy E12;

·        HR sub-delegations Manual s24.2; and

·        Instrument of Sub-Delegation – Exemption to COVID-19 requirements

The grounds for your application are outlined in letters from Kennedy Spanner Lawyers which were attached to your application.  As the letters appear to relate to the class of persons detailed at Schedule 1 of Kennedy Spanner Solicitors' letter dated 27 September 2021 and does not otherwise identify or reference you by name; for the purposes of your application I have taken the reference to 'our client' as being a reference to you.

Delegations
Having considered all the documentation, I have also considered the mandatory vaccination exemption process which was undertaken by the EDP&C.  I confirmed that the EDP&C was the appropriate delegate in accordance with the Instrument of Sub-Delegation to consider and provide you with a decision.

I confirm that I hold the appropriate delegation to undertaken an internal review as per s24.2 of the HR Sub-Delegations Manual, and in accordance with s9.2 of PSC Directive 11/20.  As per…