Adriano v Secretary, Ministry of Health in respect of South Eastern Sydney Local Health District [2022] NSWIRComm 1082

Industrial Relations Commission New South Wales Medium Neutral Citation: Adriano v Secretary, Ministry of Health in respect of South Eastern Sydney Local Health District [2022] NSWIRComm 1082 Hearing dates: 25 May 2022; last submissions filed 21 June 2022. Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: Unfair dismissal – public health orders requiring vaccination against COVID-19 - Determination by Health Secretary – no consultation required under the WHS Act or otherwise – respondent did consult and provided the applicant with access to information to make an informed choice – applicant chose not to be vaccinated - application dismissed Legislation Cited: Health Services Act 1997 (NSW) ss 116A(1), 116H(1) Industrial Relations Act 1996 (NSW) ss 84, 88, 89, Public Health Act 2010 (NSW) s 7 Workplace Health and Safety Act 2011 (NSW) ss 19, 47, 49 Cases Cited: Aleisha Jean Shepard v Calvary Health Care T/A Little Company of Mary Health Care Limited [2022] FWC 92 Aucamp v Association for Christian Seniors Citizens Homes Inc [2021] FWC 6669 Brisbane City Council v Group Project Pty Ltd (1979) 145 CLR 143 Christopher Doyle; Julia Sant; Antonio Prosia v Melbourne Archdiocese Catholic Schools Ltd T/A MACS (MACS) [2022] FWC 346 Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd (2021) 310 IR 399; [2021] FWCFB 6059 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Cromie v Health Secretary in respect of the Illawarra Shoalhaven Local Health District [2022] NSWIRComm 1064 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Edwards v Regal Cream Products Pty Ltd [2022] FWC 257 Gareth Peck v Secretary, NSW Health in respect of the Hunter New England Local Health District [2022] NSWIRComm 1059 Griffin and others v Health Secretary; Thorncraft and others v Secretary of the Department of Education [2022] NSWIRComm 1027 Kassam v Hazzard; Henry v Hazzard [2021] NSWCA 299 Leisa Ainslie v Groot Eylandt Mining Company Pty Ltd [2022] FWC 304 Munn and Others v Health Secretary [2022] NSWIRComm 1044 Tsarkiroglou and Co Ltd v Noblee Thorl GmbH [1962] AC 93 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: Arelene Adriano (applicant) Health Secretary (respondent) Representation: Counsel: I Taylor SC (for the respondent) Solicitor: C Petrick (agent for the applicant) File Number(s): 2022/17089 Publication restriction: No