Persson v State of Queensland (Queensland Health)
[2022] QIRC 397
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- Unreported Judgment
- Persson v State of Queensland (Queensland Health)[2022] QIRC 397
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Persson v State of Queensland (Queensland Health)[2022] QIRC 397
Persson v State of Queensland (Queensland Health)[2022] QIRC 397
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Persson v State of Queensland (Queensland Health) [2022] QIRC 397 |
PARTIES: | Persson, Verena (Applicant) v State of Queensland (Queensland Health) (Respondent) |
CASE NO: | GP/2022/4 |
PROCEEDING: | Application in existing proceedings |
DELIVERED ON: | 14 October 2022 |
MEMBER: | Hartigan IC |
HEARD AT: | On the papers |
ORDER: | Pursuant to s 541(b)(ii) of the Industrial Relations Act 2016 (Qld), the proceedings GP/2022/4 is dismissed in its entirety. |
CATCHWORDS: | INDUSTRIAL LAW – GENERAL PROTECTIONS APPLICATION RELATING TO DISMISSAL – where Respondent made an application seeking summary dismissal of the substantive matter – where the parties consent to the application – whether further proceeding is necessary or desirable in the public interest – consideration of relevant factors – proceedings GP/2022/4 is dismissed in its entirety |
LEGISLATION: | Industrial Relations Act 2016 (Qld), s 456 and s 541 |
CASES: | State of Queensland v Lockhart [2014] ICQ 006 Campbell v State of Queensland (Department of Justice and Attorney-General) [2019] ICQ 18 (29 November 2019). |
Reasons for Decision
Introduction
- [1]Queensland Health ('the Department') applies to the Queensland Industrial Relations Commission ('the Commission') for orders seeking that Ms Verena Persson's application to deal with a general protection dispute be summarily dismissed[1] pursuant to s 541(b)(ii) or in the alternative, s 456(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act').
- [2]Ms Persson first filed an industrial dispute[2] in the Commission on 1 March 2022 ('the dispute'). The dispute relates to Ms Persson's dissatisfaction with the requirements to receive a COVID-19 vaccination, and the subsequent disciplinary process due to her non-compliance with the requirements. On 2 March 2022, Ms Persson was terminated from her employment with the Department.
- [3]On 23 March 2022, Ms Persson commenced another proceedings[3] in the Commission alleging that the termination of her employment was an act of adverse action by the Department ('the adverse action proceedings').
- [4]The Department raises the following grounds for striking out or dismissing Ms Persson's adverse action proceedings, as follows:
- an order from the Commission, pursuant to section 456(1) of the Industrial Relations Act (Qld) (IR Act), striking out the General Protections claim in its entirety as it is being dealt with by the Commission in another proceeding; or
- alternatively, an order from the Commission pursuant to section 541(b)(ii) of the IR Act, striking out or dismissing the General Protections claim in its entirety on the basis that further proceedings by the Commission are not necessary or desirable in the public interest.
- [5]On 6 September 2022, directions orders were issued by the Commission requiring the parties to file written submissions. By email correspondence dated 11 September 2022, the Applicant advised the Industrial Registry that "I have decided to cease the continued proceedings… and therefore I consent to the Respondent's application..."
- [6]The issue that I have to determine in hearing this application is whether I should dismiss the adverse action proceedings on the basis that further proceedings are not necessary or desirable in the public interest, or alternatively, that the matter is being dealt with by the Commission in another proceeding. As noted above, the Applicant does not object to the application.
- [7]Having regard to the written submissions filed by the Respondent on 9 June 2022 and the Applicant's correspondence of 11 September 2022 advising that she does not wish to proceed with the proceedings and that she consents to the application, I consider, pursuant to s 541 of the IR Act, that the purpose of the IR Act and, in turn, the public interest,[4] are best served by dismissing the Applicant's general protections claim, as further proceedings are not necessary or desirable.
Orders
- [8]Accordingly, I make the following order:
Pursuant to s 541(b)(ii) of the Industrial Relations Act 2016 (Qld), the proceedings GP/2022/4 is dismissed in its entirety.