John v Health Secretary in respect of the Ambulance Service of NSW [2023] NSWIRComm 1073

Industrial Relations Commission New South Wales Medium Neutral Citation: John v Health Secretary in respect of the Ambulance Service of NSW [2023] NSWIRComm 1073 Hearing dates: 26 July 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – paramedic attended anti-lockdown protest – livestreamed event and made commentary critical of lockdown, NSW Police, members of the public and COVID-19 vaccines – whether dismissal for that conduct was harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 ss 84, 88 Public Health Act 2010 s 10 Cases Cited: Corrective Services NSW v Danwer [2013] NSWIRComm 61 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 1000 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 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 Texts Cited: Nil Category: Principal judgment Parties: Sally-Ann John (Applicant) Health Secretary (Respondent) Representation: Sally-Ann John (Self-represented) M Foran of Counsel (Respondent) File Number(s): 2023/00112350 Publication restriction: Pursuant to s 164A of the Industrial Relations Act 1996, I order that there be no publication of the conditions set out in pars 6, 7 and 8 of the decision of the Civil and Administrative Tribunal in the matter of Health Care Complaints Commission v John [2023] NSWCATOD 45, contained at tab 16 of the applicant's Exhibit Bundle.