NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Sabri v Health Secretary in respect of South Western Sydney Local Health District [2023] NSWIRComm 1055 Hearing dates: 3 February 2023 Date of orders: 9 June 2023 Decision date: 09 June 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – health worker nurse failed to meet COVID-19 vaccination requirements of Public Health Orders – failure to comply with COVID-19 vaccination requirements of determination made pursuant to the Health Services Act 1997 – whether dismissal harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 (NSW) Health Services Act 1997 (NSW) Cases Cited: Burge v NSW BHP Steel Pty Ltd [2001] NSWIRComm 117 Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Health Services Union and others and Director-General, NSW Department of Health and another Munn & Others v The Health Secretary [2022] NSWIRComm 1044 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Texts Cited: NIL Category: Principal judgment Parties: Leith Sabri (applicant)
Health Secretary in respect of South Western Sydney Local Health District (respondent) Representation: Self represented (applicant)
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