Former WBHHS chief executive Adrian Pennington loses court appeal over sacking
A former Queensland Health chief executive who was controversially sacked has learned the fate of his appeal to the Queensland Industrial Relations Commission. Here is the latest.
Bundaberg
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The Industrial Court of Queensland has rejected the appeal of a former high-flying health staffer who claimed his sacking was unfair and of “bad faith”.
Adrian Pennington was controversially dismissed from his role as chief executive of the Wide Bay Hospital and Health Service by board chair Peta Jamieson in 2019.
In December 2021, the Queensland Industrial Relations Commission said it was satisfied Mr Pennington’s dismissal was authorised under the Hospital and Health Boards Act.
Mr Pennington appealed this decision on three grounds.
These included the termination was not authorised under the Hospitals and Health Board Act 2011, that the written notice was invalid, and that the QIRC erred in finding that it had no jurisdiction to hear Mr Pennington’s claims.
These claims were all rejected by Justice Peter Davis.
In a published ruling Mr Davis found under the HHB Act there was authority to dismiss without cause and because the action which was taken was discretionary, it did not render the action not “authorised”.
Mr Davis found that it did not matter what Mr Pennington’s contract of employment provided as Ms Jamieson had a “statutory right” to terminate his appointment and contract of employment under the HHB Act.
He found despite Mr Pennington’s claims, there was no “adverse action” taken against him by Ms Jamieson.
Mr Pennington has claimed the dismissal was in “bad faith” under the Industrial Relations Act 2016.
In response, Ms Jamieson submitted that “even if bad faith was made out” the decision was not subject to review by the QIRC or Supreme Court of Queensland because Mr Pennington’s Queensland Health contract did not allow for judicial powers to overturn terminations based on “bad faith”.
Mr Davis supported the QIRC’s findings that it was not in a position to hear the claims.
“There is no jurisdiction in the QIRC to entertain Mr Pennington’s claims,” he said.
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