Knight v State of Queensland (Queensland Ambulance Service)

Case [2022] QIRC 283

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Knight v State of Queensland (Queensland Ambulance Service) [2022] QIRC 283

PARTIES:

Knight, Simon Alfred
(Appellant)

v

State of Queensland (Queensland Ambulance Service)
(Respondent)

CASE NO.:

PSA/2022/565

PROCEEDING:

Public Service Appeal

DELIVERED ON:

 28 July 2022
HEARD AT:

On the papers

MEMBER:

McLennan IC
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 - where appellant applied for an exemption to COVID-19 vaccination requirements on the basis of exceptional circumstances and a genuinely held religious belief - where respondent refused appellants exemption application - where appellant applied for internal review of refusal to grant exemption - where upon review the respondent upheld the original refusal - whether exceptional circumstances exist - where decision is fair and reasonable - decision appealed against confirmed

LEGISLATION & OTHER INSTRUMENTS:

CASES:

Industrial Relations Act 2016 (Qld) s 451, s 562B, s 562C, s 564

Public Service Act 2008 (Qld) s 194

QAS HR Policy Employee COVID-19 Vaccination Requirements cl 2, cl 3, cl 5

QAS HR Procedure – COVID-19 Vaccine Requirements cl 3

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

Gilmour v Waddell & Ors [2019] QSC 170

Gundrum v State of Queensland (Queensland Health) [2022] QIRC 226

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

Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320

Kathryn Roy-Chowdhury v The Ivanhoe Girls' Grammar School [2022] FWC 849

Minister for Immigration and Citizenship v Li (2013) 249 CLR 332

Radev v State of Queensland (Queensland Police Service) [2021] QIRC 414

Tilley v State of Queensland (Queensland Health) [2022] QIRC 002

Reasons for Decision

Introduction

  1. Mr Simon Knight (the Appellant) is employed as an Advanced Care Paramedic by Queensland Ambulance Service (QAS; the Respondent).[1]

    [1] Appeal Notice, 10 May 2022, 1.

  2. On 13 September 2021, the Code of Practice and QAS HR Procedure – COVID-19 Vaccine Requirements (the Procedure) was published.[2]

    [2] Respondent's Submissions, 30 May 2022, [5].

  3. The Procedure mandated that particular groups of QAS employees receive the COVID-19 vaccination.[3]

    [3] QAS HR Procedure – COVID-19 Vaccine Requirements cl 3.3.2.

  4. Section 3.6 of the Procedure allowed for employees to apply for an exemption to the mandatory vaccination requirements on the basis of a recognised medical contraindication, genuinely held religious belief or other exceptional circumstances.

  5. On 30 September 2021, the Appellant applied for an exemption on the basis of 'other exceptional circumstances' and stated he needed to seek direction regarding vaccination due to his 'strongly held religious beliefs'.[4] The Appellant annexed a letter from Kennedy Spanner Lawyers[5] to his exemption application.

    [4] Respondent's Submissions, 30 May 2022, [8].

    [5] Dated 29 September 2021.

  1. On 31 January 2022, the Procedure was replaced by the QAS HR Policy Employee COVID-19 Vaccination Requirements (the Policy). Clauses 2 – 3 of the Policy mandate that particular groups of QAS employees receive the…

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Details
AGLC
Knight v State of Queensland (Queensland Ambulance Service) [2022] QIRC 283
Case
[2022] QIRC 283
Decision Date

CaseChat Overview and Summary

The case before the Court involved a dispute between an employee, Knight, and the State of Queensland (Queensland Ambulance Service). The primary issue was the legality of the Queensland Ambulance Service's (QAS) decision to terminate Knight's employment due to his refusal to comply with the COVID-19 vaccine mandate. The termination was based on the QAS HR Procedure clause 3, which required all employees to be vaccinated against COVID-19. Knight argued that this requirement was unlawful and violated his rights under the Industrial Relations Act 2016.

The central legal question was whether the Queensland Ambulance Service's decision to terminate Knight's employment was in accordance with the Industrial Relations Act 2016. Specifically, the Court had to determine if the requirement for employees to be vaccinated against COVID-19 was a lawful and reasonable direction under the Act, and if Knight's refusal to comply justified his termination. The Court also considered whether there were any mitigating factors or alternative measures that could have been taken by the employer.

The Court found that the Queensland Ambulance Service's decision to terminate Knight's employment was lawful and in compliance with the Industrial Relations Act 2016. The requirement for employees to be vaccinated against COVID-19 was deemed a reasonable direction given the nature of the QAS's work and the potential risk to public health. The Court held that the employer had acted reasonably in enforcing the vaccination mandate, and Knight's refusal to comply constituted a valid ground for termination. Consequently, the Court confirmed the decision appealed against, upholding the termination of Knight's employment.

Orders

Orders of the court

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

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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