Hoffman v State of Queensland (Queensland Health)
[2023] QIRC 270
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- Unreported Judgment
- Hoffman v State of Queensland (Queensland Health)[2023] QIRC 270
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Hoffman v State of Queensland (Queensland Health)[2023] QIRC 270
Hoffman v State of Queensland (Queensland Health)[2023] QIRC 270
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Hoffman v State of Queensland (Queensland Health) [2023] QIRC 270 |
PARTIES: | Hoffman, Noel Ivan (Applicant) v State of Queensland (Queensland Health) (Respondent) |
CASE NO: | TD/2022/88 |
PROCEEDING: | Application in existing proceedings |
DELIVERED ON: | 19 September 2023 |
MEMBER: | Hartigan DP |
HEARD AT: | On the papers |
ORDER: | The application is granted. |
CATCHWORDS: | INDUSTRIAL LAW – APPLICATION FOR REINSTATEMENT – where Applicant has filed an application for an extension of time to take some action in relation to TD/2022/88 – where the Respondent objects to the application – consideration of relevant factors – application granted |
LEGISLATION: | Industrial Relations Act 2016 (Qld), s 314, s 318 |
Reasons for Decision
Introduction
- [1]Mr Hoffman has filed an application for reinstatement with respect to the termination of his employment as an Operational Services Officer and Wardsperson, Warwick Hospital, Darling Downs Hospital and Health Service.
- [2]Mr Hoffman seeks a stay of that application.
- [3]Mr Hoffman's employment was terminated on the basis that he failed to comply with a direction of a reasonable person including by not providing his line manager or uploading into the designated system evidence of vaccination confirming that he has received the prescribed number of doses of a COVID-19 vaccine.
- [4]The parties participated in a conciliation conference before the Commission and on 18 May 2022 a certificate was issued pursuant to s 318 of the Industrial Relations Act 2016 (Qld) ('the IR Act'). Mr Hoffman was advised by the Industrial Registry that he would be required to take a step in the proceeding within six months or the proceedings would lapse (see s 318(4) of the IR Act).
- [5]Within the time period of six months, Mr Hoffman filed an application for the matter to be placed in abeyance for 12 months.
- [6]I am satisfied that, by filing the application, Mr Hoffman has taken action in the matter and the circumstances in s 318(4)(a) of the IR Act do not arise and consequently, the proceedings have not lapsed.
- [7]It is trite to note but it is Mr Hoffman's application for reinstatement. It is Mr Hoffman who has sought a deferral of the determination of the application for reinstatement on the basis that the COVID-19 vaccine requirements may change in that period of time.
- [8]In response, the State submits that even if the vaccine requirements were to change that does not affect the outcome of this matter, on the basis that Mr Hoffman was found to have failed to comply with a relevant direction in operation at the time of his dismissal.
- [9]In terms of prejudice, I do not consider that either party will be significantly prejudiced by the delay as the show cause process proceeded on a simple factual basis, being the alleged failure to comply with the direction, and the process is recorded primarily in writing.
- [10]I have determined ultimately to exercise my discretion to grant the orders sought by Mr Hoffman, as ultimately, a delay in the determination of the proceedings is a matter that will have the greatest impact on him.
- [11]It is my expectation that both parties keep themselves appraised of the relevant decisions in this jurisdiction dealing with similar alleged failure to comply with a direction to take the COVID-19 vaccine.
- [12]Consequently, I will grant the orders sought and I will have the matter administratively listed for mention at 9.15am on Wednesday 22 November 2023. It is my expectation that at the mention of the matter, both parties will be in a position to indicate their respective positions with respect to the proceedings.
Order
- [13]Accordingly, I make the following order:
The application is granted.