Gundrum v State of Queensland (Queensland Health) [2022] QIRC 226

Date: 15 June 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Dwyer IC
Human Rights Act 2019 (Qld) Sections: 13
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 592A, 562B, 562C, 564; Public Service Act 2008 (Qld) s 187; Acts Interpretation Act 1954 (Qld) s27B; Work Health and Safety Act 2011 (Qld); Hospital and Health Boards Act 2011 (Qld) s 51A; Health Employment Directive No. 12/21 - Employee COVID-19 vaccination requirements.
Keywords: COVID-19

This case concerned an appeal against the respondent’s (Queensland Health’s) decision to refuse the applicant’s application for an exemption to COVID-19 vaccine requirements under a directive. The applicant submitted that his human rights had been limited by the directive: at [23]. The Commission noted that his submission failed to “address the legal reality” that human rights can be limited in appropriate circumstances under section 13 of the Human Rights Act 2019 (Qld), and that there could not be a “more important reason” than the protection of the applicant’s colleagues, patients and visitors against the possibility of contracting a potentially deadly virus from an unvaccinated employee: at [46].

Visit the judgment: Gundrum v State of Queensland (Queensland Health) [2022] QIRC 226