Former health CEO’s dismissal case rejected by State’s industrial umpire

A former Queensland Health chief executive who was dismissed in 2019 has lost an industrial case in his bid for reinstatement to his $410,000-a-year job.

A former Queensland Health executive who was dismissed from his $410,000-a-year position has failed to convince an industrial relations commissioner that he should be reinstated.

Adrian Pennington was terminated as chief executive of Wide Bay Hospital and Health Service by board chair Peta Jamieson in 2019.

Wide Bay Hospital and Health board chair Peta Jamieson and then CEO Adrian Pennington.

On December 15, Queensland Industrial Relations Commissioner Minna Knight said she was satisfied Mr Pennington’s dismissal was authorised under the Hospital and Health Boards Act.

She found it was not adverse action.

She dismissed his general protections application over his dismissal, finding QIRC did not have jurisdiction to hear it, as it was not an industrial matter.

In his QIRC application, Mr Pennington had claimed Ms Jamieson had contravened sections of the Industrial Relations Act on seven occasions.

He claimed that on April 12, 2019, she had advised him that if a project fell behind it could affect his role as chief executive and that he should be careful what he wished for.

Mr Pennington also claimed that on May 10, 2019, Ms Jamieson had advised him that he needed to stop interfering and do as she told him or he would lose his job.

His application also said on June 26, 2019, Ms Jamieson told him he could lose his job if he got his way and continued to undermine her position.

He also alleged Ms Jamieson said he would not be able to return to work following a period of absence due to illness if he did not agree to the terms of a statement to staff concerning his return to work.

Mr Pennington claimed on September 19, 2019, Ms Jamieson threatened to dismiss him and on September 30, that year, he was dismissed.

Former Wide Bay Hospital and Health Service chief executive, Adrian Pennington.

Ms Jamieson gave Mr Pennington written notice of his termination of appointment and contract of employment on September 30, 2019, the commission heard.

The minimum notice before termination was one month.

The letter said the termination would take effect on either October 30, that year, or on the date on which the Minister gave approval.

Ms Knight said the Minister approved the termination on December 20, 2019, which meant Mr Pennington was given not one, but almost three months, notice.

In June, last year, Mr Pennington released a statement saying his record spoke for itself and WBHHS had gone from Australia’s worst performing health service to one of the best in the world while he was chief executive.

“I moved from the UK to take up the position as service chief executive and had planned to finish my career in Bundaberg. This dream has been taken from me,’’ he said.

He said his case before the commission was to seek redress for the chair and the service’s unlawful reasons for his termination.

Mr Pennington had hoped to be reinstated.

However, Ms Knight found there was an exemption under the Hospital and Health Boards Act that barred QIRC from dealing with Mr Pennington’s application.

She found Mr Pennington’s dismissal and matters relating to it were “excluded matters”, which could not be challenged, appealed, reviewed or called in question under the Judicial Review Act.

Mr Pennington is appealing the decision.