Thiab v Western Sydney University

In the case of Thiab v Western Sydney University, the plaintiff, Ms Thiab, a nursing student at the defendant university, challenged the university’s decision to cancel her clinical placements following her expression of scepticism about the safety of the Covid-19 vaccination. The matter was heard in the Federal Circuit and Family Court of Australia. Ms Thiab claimed that the university’s actions constituted discrimination because of her religious or political views in contravention of the university’s statutes, which prohibit discrimination on such grounds.

The court was required to determine whether Ms Thiab’s expression of scepticism about the Covid-19 vaccination could be considered a view or belief protected by the university statute. Additionally, the court had to assess whether the university’s actions were discriminatory because of her views or beliefs, and whether the university’s requirement for a written acknowledgement of unprofessional conduct was a lawful condition for the reinstatement of her clinical placements. The court also needed to consider the relevance of the Nursing and Midwifery Board of Australia Code of Conduct in this context.

The court found that Ms Thiab’s views about the Covid-19 vaccination were not protected by the university statute as they were not religious or political. The court determined that the university’s decision to cancel her clinical placements was not based on her views or beliefs but rather on the potential risk her scepticism posed to the safety and wellbeing of patients during the pandemic. The court held that the university’s requirement for a written acknowledgement of unprofessional conduct was a lawful condition for the reinstatement of her clinical placements. Consequently, the court dismissed Ms Thiab’s claim.

The court ordered that the case be dismissed with no orders as to costs.