Donnelly v State of Queensland (Queensland Health)

The case of Donnelly v State of Queensland (Queensland Health) involved an employee, Donnelly, who was subject to the Health Employment Directive No. 12/21, which required all employees working in hospitals or facilities providing clinical care to be vaccinated against COVID-19. Donnelly sought an exemption from this requirement but was denied. The dispute reached the Queensland Court of Appeal, where Donnelly contested the decision to deny his exemption request.

The court was required to determine whether the decision to deny the exemption was fair and reasonable. The primary consideration was the risk posed to the health and wellbeing of patients, colleagues, and other stakeholders if Donnelly, who remained unvaccinated, continued to work in a healthcare environment. The court had to balance the individual rights of the employee against the public health imperative of maintaining a vaccinated workforce in sensitive healthcare settings.

In its reasoning, the court found that the directive was a reasonable and proportionate measure given the exceptional circumstances posed by the COVID-19 pandemic. The court concluded that the decision to deny the exemption was fair and reasonable, considering the significant risk that an unvaccinated employee could pose in a clinical setting. The court confirmed the decision to uphold the directive, emphasising the importance of protecting public health in healthcare environments.

The final orders of the court were to confirm the decision appealed against under section 562C(1)(a) of the Industrial Relations Act 2016 (Qld). Donnelly's appeal was dismissed, and the requirement for healthcare workers to be vaccinated against COVID-19 was upheld.