Allan James Smith-Hunt: Civil proceeding against Northern NSW Local Health District dismissed

The case of a former Lismore mental health occupational therapist fighting a dismissal because he was not vaccinated has been dismissed.

A ex-Lismore healthcare worker who believed he was unfairly fired because he was not vaccinated has had his case dismissed.

Former mental health occupational therapist Allan James Smith-Hunt launched a civil case against Northern NSW Local Health after he was dismissed in December 2021 because he was not vaccinated against Covid.

Mr Smith-Hunt had been employed by Lismore Base Hospital since January 2019.

Mr Smith-Hunt objected to the vaccination requirements largely because he said he had not been provided with information which he desired in order to make an informed decision.

The case was brought before the Industrial Relations Commission and a January conciliation was unsuccessful.

Mr Smith-Hunt, who appeared self-represented, then asked for the case to be adjourned on four separate occasions, according to the court ruling.

Mr Smith-Hunt was employed as a mental health occupational therapist at Lismore Base Hospital.

On two occasions, an adjournment was granted due to flood-related issues.

But a request for a further adjournment on April 26 as Mr Smith-Hunt said he had been “assisting neighbours recover from the floods and, therefore, did not have the time to progress his application”, was dismissed.

Mr Smith-Hunt again wrote to the commission on May 6 stating “I will neither continue with the case/matter … nor will I withdraw from the case/matter”.

On the date of the directions hearing on July 26, Mr Smith-Hunt did not appear or file any material.

Mr Smith-Hunt later told the court he believed the commission was “biased in support of the Public Health Orders”.

“I do not consent to administering my trust without my consent to have my case formally dismissed, as I have formally waived that offer through previous emails,” Mr Smith-Hunt said, as detailed in the court ruling.

“I am currently not proceeding, nor will I withdraw.”

Commissioner Chris Muir said it was apparent Mr Smith-Hunt did not intend to prosecute the case and did not “consider his case strong”.

“It is an injustice to the respondent in terms of cost and time and, importantly, in terms of being able to even respond to Mr Smith-Hunt’s case if the matter continues to drag out,” Commissioner Muir said.

Given that, he dismissed the proceedings on August 4.