Hanson v State of Queensland (Queensland Health)

Case [2022] QIRC 272


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Hanson v State of Queensland (Queensland Health) [2022] QIRC 272

PARTIES:

Hanson, Helen
(Appellant)

v

State of Queensland (Queensland Health)
(Respondent)

CASE NO:

PSA/2022/296

PROCEEDING:

Public Service Appeal – Appeal against a fair treatment decision

DELIVERED EX TEMPORE ON:

14 July 2022

MEMBER:

Dwyer IC
HEARD AT:

Brisbane  

ORDER:

1.     The decision appealed against is set aside; and

2.     The matter is returned to decision maker with a copy of this decision; and

3.        The decision maker is directed to:

a.      reconsider the application for review dated 13 January 2022; and

b.     issue a new decision within 28 days of this decision.

CATCHWORDS:

PUBLIC SERVICE – APPEAL - appeal against a fair treatment decision - where appellant employed by the State of Queensland as a registered nurse- where the Health Employment Directive No.12/21 - Employee COVID-19 vaccination requirements required employees to receive at least a first dose of a COVID-19 vaccine by 30 September 2021 and receive the second dose of a COVID-19 vaccine by 31 October 2021 - where the appellant sought an exemption due to genuine religious belief  and other exceptional circumstances - where exemption was refused -  where decision maker did not properly consider appellant's religious beliefs – where decision is absent of written analysis of if and how the religious beliefs were considered – where decision does not comply with the terms of Individual employee grievances (Directive 11/20) – where decision not fair and reasonable – decision appealed against set aside and matter returned to decision maker with a copy of decision on appeal and directions to conduct a fresh internal review

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 562B, 562C, 564

Public Service Act 2008 (Qld) s 194

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

Individual employee grievances (Directive 11/20)

Work Health and Safety Act 2011 (Qld)

CASES: 

Higgins v State of Queensland (Queensland Health) [2022] QIRC 030

Amaya v State of Queensland (Queensland Health) [2022] QIRC 117

Goodall v State of Queensland (Unreported decision of the Supreme Court of Queensland, Dalton J, 10 October 2018)

Brandy v Human Rights and Equal Opportunity Commission [1995] HCA 10; (1995) 183 CLR 245

Kay v State of Queensland (Queensland Health) [2022] QIRC 270

Slykerman v State of Queensland (Queensland Health) [2022] QIRC 039

Sunny v State of Queensland (Queensland Health) [2022] QIRC 119

Collins v State of Queensland (Queensland Health) [2022] QIRC 215

Edwards v State of Queensland (Queensland Health) [2022] QIRC 091

Barbagallo v State of Queensland (Queensland Health) [2022] QIRC 195

McPaul v State of Queensland (Queensland Health) [2022] QIRC 175

Brasell-Dellow & Ors v State of Queensland (Queensland Police Service) & Ors [2021] QIRC 356

APPEARANCES: 

Ms H Hanson, the appellant

Ms S Bainbridge for the respondent

Reasons for Decision (ex tempore)

Background

[1]Ms Helen Hanson is employed part time as a registered nurse in a regional hospital by Queensland Health, ('the department'). It is not controversial that the Health Employment Directive 12/21

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Details
AGLC
Hanson v State of Queensland (Queensland Health) [2022] QIRC 272
Case
[2022] QIRC 272
Decision Date

CaseChat Overview and Summary

In the case of Hanson v State of Queensland (Queensland Health), the appellant, a registered nurse employed by Queensland Health, challenged the refusal of her application for an exemption from the COVID-19 vaccination requirements stipulated in the Health Employment Directive No.12/21. The appellant sought an exemption based on genuine religious beliefs and other exceptional circumstances, which was denied by the decision maker. The appellant sought judicial review of this decision, arguing that it was not fair and reasonable because it did not properly consider her religious beliefs, lacked a written analysis of how the religious beliefs were considered, and did not comply with the terms of the Individual Employee Grievances (Directive 11/20).

The primary legal issue before the court was whether the decision maker properly exercised their discretion in denying the appellant's application for an exemption from the vaccination requirement. The court had to determine whether the decision maker considered the appellant's religious beliefs appropriately, provided a written analysis of this consideration, and complied with the relevant grievance directive. The court also needed to assess whether the decision was fair and reasonable.

The court found that the decision maker did not properly consider the appellant's religious beliefs, as there was no written analysis of how these beliefs were considered. This omission was a procedural error, as the Individual Employee Grievances (Directive 11/20) required a written analysis. Additionally, the decision did not comply with the grievance directive, further undermining its fairness and reasonableness. As a result, the court set aside the decision appealed against and returned the matter to the decision maker. The decision maker was directed to reconsider the application for review, taking into account the appellant's religious beliefs and the requirements of the grievance directive, and to issue a new decision within 28 days of the court's decision.

The final orders of the court included setting aside the decision appealed against, returning the matter to the decision maker, and directing the decision maker to reconsider the application for review and issue a new decision within 28 days. The decision maker was also instructed to provide a written analysis of the appellant's religious beliefs and ensure compliance with the grievance directive.

Orders

Orders of the court

1. The decision appealed against is set aside; and

2. The matter is returned to decision maker with a copy of this decision; and

3. The decision maker is directed to:

a. reconsider the application for review dated 13 January 2022; and

b. issue a new decision within 28 days of this decision.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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