Harris v State of Queensland (Queensland Health)

In the Fair Work Commission, Harris brought an application for reinstatement against the State of Queensland (Queensland Health), asserting that his dismissal was harsh, unjust, and/or unreasonable. Harris claimed that he was dismissed due to failing to adhere to Health Employment Directive 12/21, which was enacted under section 51A of the Hospital and Health Boards Act 2011. The application was reviewed by the Commission, which considered it under a jointly agreed set of common issues.

The court was tasked with determining whether any of the circumstances identified by Harris made his dismissal unfair. The Commission found that none of the identified matters rendered the dismissal unfair. Consequently, the Commission issued directions for Harris to demonstrate why the Commission should not dismiss the application or refrain from hearing, further hearing, or deciding the application. The court also considered whether further proceedings were necessary or desirable in the public interest and whether costs should be awarded.

The Commission dismissed Harris's application, finding that the dismissal did not constitute an unfair dismissal. The court ruled that Harris must pay the costs of the proceedings from the date of the determination in Mocnik, on the standard basis, calculated on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999. The costs are to be agreed upon, or if the parties fail to reach an agreement, they are to be assessed by the Industrial Registrar following an Application for Costs Assessment by the Respondent. Any agreed or assessed costs are to be paid within 28 days of agreement or assessment. Additionally, Harris is required to pay the costs of any assessment.