Townsville State High School teacher Stephen Nicolson loses Covid-19 court case

A Townsville teacher who was temporarily suspended without pay for failing to vaccinate against Covid-19 has had his appeal chucked out of court.

Townsville State High School in a file photo. Picture: Alix Sweeney

The state government has won a decisive court victory against a Townsville State High School teacher who was temporarily suspended without pay for failing to vaccinate against Covid-19.

The Queensland Industrial Relations Commission rejected appellant Stephen Nicolson’s “misconceived” attempt to appeal against the Department of Education’s disciplinary decision in no uncertain terms.

“I accept the submissions made by the respondent that this is a case where the appellant’s arguments are either misconceived or have failed in previous cases,” Commissioner Daniel Pratt ruled.

“Those parts of the appeal that are misconceived should not be heard because it would not be in the public interest to waste resources on dealing with arguments that are misconceived.”

He ruled that Nicolson’s appeal was filled with arguments “that have all failed previously in similar cases”.

“It would be a wasteful misuse of public resources to hear and determine those arguments yet again,” he said.

“In my view, that is a compelling reason as to why it would not be in the public interest to hear and determine those parts of the appeal.”

Townsville State High School in a file photo. Picture: Alix Sweeney

The written decision notes that the department issued a first show-cause notice against Mr Nicolson on January 10, 2022, stating that he was liable for suspension without pay for three months.

Mr Nicolson responded on January 16, with his arguments against the suspension ranging from “ethical duties of the State to breaches of the Human Rights Act”.

He also argued the “unconstitutionality of the Queensland legislative basis for issuing the Directions, to claiming personal health reasons for not receiving the vaccine”.

“These latter arguments can be summarised as being concerned about the long-term safety of Covid-19 vaccines and claiming to know people who have experienced adverse reactions,” he said.

“The appellant also argued that without a risk assessment of the vaccines, he was not satisfied that they were safe.”

He was officially suspended without pay on February 10.

Townsville State High School in a file photo. Picture: Alix Sweeney

In his appeal, Mr Nicolson submitted that he should have been paid during his suspension and stated that he was willing to work from home “and should have been allowed to do so on a long-term basis”.

He also “again challenged the safety and efficacy of various vaccines”.

The Department of Education said it was “unable to comment on individual staff matters or matters currently before the courts”.

It said the chief health officer’s directive mandating Covid-19 vaccinations for staff was repealed on June 30, 2022.

“Unvaccinated staff were able to return to their workplaces at the commencement of July 11, 2022 and the great majority have done so.”

Originally published as Townsville State High School teacher Stephen Nicolson loses Covid-19 court case