Gundrum v State of Queensland (Queensland Health)

In this case, the appellant, Gundrum, appealed against the decision of the Queensland Health Service that rejected his application for exemption from the COVID-19 vaccination requirement under Health Employment Directive No.12/21. The tribunal was required to determine whether the Health Service's decision was fair and reasonable. Specifically, the tribunal had to consider whether the decision-maker provided adequate reasons, whether the Health Service fulfilled its obligations under the Work Health and Safety Act 2011 (Qld), and whether the Health Service's decision was consistent with the implied contractual term of acting in good faith.

The tribunal found that the Health Service's decision was fair and reasonable. The tribunal was satisfied that the decision-maker, Ms Scott, provided comprehensive reasons that adequately dealt with the broad issues in Mr Gundrum's exemption application. Furthermore, the tribunal held that the Health Service fulfilled its obligations under the Work Health and Safety Act 2011 (Qld) by consulting with unions and obtaining approval from the Australian Technical Advisory Group on Immunisation (ATAGI) for the COVID-19 vaccine. The tribunal also found that the Health Service's decision was consistent with the implied contractual term of acting in good faith, as the directive was a lawful and reasonable direction given to Mr Gundrum in the course of his employment.

In light of the above, the tribunal confirmed the decision appealed against.

ORDERS:

1. The decision appealed against is confirmed.