Larter v Health Secretary in respect of Murrumbidgee Local Health District [2024] NSWIRComm 1029

Industrial Relations Commission New South Wales Medium Neutral Citation: Larter v Health Secretary in respect of Murrumbidgee Local Health District [2024] NSWIRComm 1029 Hearing dates: 27 February 2023 and 19 May 2023, final submissions 12 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – health worker unable to work due to 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: Health Services Act 1997 (NSW) Industrial Relations Act 1996 (NSW) Public Health Act 2010 (NSW) Public Sector Employment and Management Act 2002 (NSW) Cases Cited: Adriano v Secretary, Ministry of Health in respect of South Eastern Sydney Local Health District [2022] NSWIRComm 1082 Alexander v Commissioner of Police [2009] NSWIRComm 3 Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Cromie v Health Secretary in respect of the Illawarra Shoalhaven Local Health District [2022] NSWIRComm 1064 Griffin and others [2022] NSWIRComm 1027 Hollingsworth v Commissioner of Police (No 2) (1999) 47 NSWLR 151 Kassam v Hazzard [2021] NSWSC 1320 Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 Munn & Others v The Health Secretary [2022] NSWIRComm 1044 Paul Robert Taggart and Bell Sports Australia [1999] NSWIRComm 408 RHG Mortgage Ltd v Ianni [2015] NSWCA 56 Rowland v Austar Coal Mine Pty Ltd [2010] FWA 8011 Starr v Commissioner of Police [2001] NSWIRComm 226; Welch v Commissioner of Police [2023] NSWRComm 1002 Western Suburbs District Ambulance Committee v Tipping: [1957] AR (NSW) 273 Category: Principal judgment Parties: Caitlin Brigid Larter (Applicant)