Griffin and others v Health Secretary; Thorncraft and others v Secretary of the Department of Education [2022] NSWIRComm 1027

Industrial Relations Commission New South Wales Medium Neutral Citation: Griffin and others v Health Secretary; Thorncraft and others v Secretary of the Department of Education [2022] NSWIRComm 1027 Hearing dates: 20 December 2021, 14 and 20 January, 1 and 4 March 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Determination made in the public health matters at [47]-[58] Orders made in the public education matters at [82]-[83] and [87]-[88] Catchwords: UNFAIR DISMISSALS – threshold issues – Public Health Orders – Employer Determinations – unvaccinated workers prohibited from working in public health and public education sectors – impracticability of reinstatement or re-employment orders Legislation Cited: Anti-Discrimination Act 1977 Health Services Act 1997 Education (School Administrative and Support Staff) Act 1987 Industrial Relations Act 1996 Public Health Act 2010 Teaching Service Act 1980 Work Health and Safety Act 2011 Cases Cited: Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47 Texts Cited: Nil Category: Procedural rulings Parties: Persons listed in Schedule A hereto (Applicants) Health Secretary (First Respondent) Secretary of the Department of Education (Second Respondent) Representation: Counsel: Mr I Taylor SC with Ms V Bulut (First Respondent) Mr Y Shariff SC with Ms B Byrnes (Second Respondent)