Nguyen v State of Queensland (Queensland Health)

Nguyen v State of Queensland (Queensland Health) involved a dispute between Ms Nguyen, an employee, and the State of Queensland regarding disciplinary action taken against her by Queensland Health. Ms Nguyen appealed the decision of the Minister for State Development, Manufacturing, Infrastructure and Planning, who had upheld the disciplinary action. The primary issue before the court was whether the decision to discipline Ms Nguyen was fair and reasonable. The court also had to determine if the decision maker had considered all relevant information and whether the appropriate approach was taken in addressing the substantiated allegation.

The court found that while it was fair and reasonable for the decision maker to determine that one allegation against Ms Nguyen was substantiated, the decision regarding a second allegation was not fair and reasonable. The court held that the decision maker had not appropriately considered all relevant information in making the decision. The court concluded that the appropriate course of action to address the substantiated allegation was through 'management action' rather than 'disciplinary action'. The court also noted that the decision maker had not yet determined the disciplinary action and management actions, but only proposed them. The court encouraged the parties to collaboratively engage in determining how the conduct concerns could be appropriately addressed.

The court set aside the decision appealed against and substituted it with a new decision. The new decision confirmed that the decision maker's determination to substantiate one allegation was fair and reasonable on the evidence before her at the time. The court also ordered that the decision maker conduct a fresh review of the second allegation, considering further submissions made by Ms Nguyen during the appeal process. Lastly, the court held that 'management action' was the appropriate course to address the substantiated allegation.