Termination letters sent to 170 unvaccinated Tasmanian health workers
Tasmanian health care workers challenging a vaccine mandate have promised to take their case to the High Court if necessary, as they continue their injunction fight. LATEST >>
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TASMANIAN health care workers fighting a mandate deeming they must be vaccinated against Covid-19 or lose their jobs are pledging to take their case all the way to the High Court if needed.
The workers – led by Royal Hobart Hospital surgeon David Dunn – have now lodged an appeal after losing a Supreme Court injunction against Director of Public Health, Mark Veitch, bid last week.
After losing that interim fight, 170 employees were sent termination letters over the weekend for failing to get their first jab or provide an exemption.
The workers had won the right to argue the merits of their case in a full hearing this week, but they have now put that on hold as they fight to have the injunction ruling overturned.
On Tuesday, acting judge David Porter set down a tentative date for the injunction stoush, on November 12, for appeal before the Full Court of the Supreme Court.
According to court documents, Dr Dunn and his colleagues want the full court to set aside last week’s decision and grant their injunction, meaning the state government would not be able to continue standing down employees until the substantive matter was heard.
The workers are fighting their case on six grounds of appeal, including that the court made errors in fact and law, misapplied principles under the Public Health Act, and failed to canvass questions of whether the director “had abused his power and/or acted outside the scope of his power”.
The case will be argued for Dr Dunn and his co-workers by Sydney-based barrister Peter King and junior Ray Broomhall.
Mr Broomhall told the Mercury his team was paving the way for a challenge in the nation’s highest court, if necessary.
“We are feeling much more confident now,” he said.
“It’s exciting as we now get to raise all issues before the court.”
Last Friday, Chief Justice Alan Blow dismissed the injunction application after finding the workers’ arguments “remarkably weak” and noting the Public Health Act gave Dr Veitch “carte blanche, or something like it” to make orders in the context of a medical emergency.
The substantive case will return to the Supreme Court at a future date, once the appeal has been decided.
170 unvaxxed Tassie health staff to lose their jobs
TERMINATION letters are en route to 170 Tasmanian health care workers who failed to get their Covid vaccinations by Sunday’s cut-off date.
But Health Minister Jeremy Rockliff said the number of staff to be stood down represented just 1 one per cent of Tasmania’s 16,140-strong health care workforce.
A Public Health directive meant the state’s nurses, doctors, GPs, paramedics, allied health workers, hospital workers and other health care staff were all required to have at least their first jab, or provide an exemption, by October 31 or face termination.
“The people of Tasmania can feel confident that when they access their health services, firstly they will be uninterrupted … and that all staff have been vaccinated,” Mr Rockliff said.
“At 12.01am this morning, 99 per cent of the health workforce had complied, which is a tremendous result, and I thank each and every one of our hardworking employees.”
State health secretary Kathrine Morgan-Wicks said any unvaccinated health care worker who had not provided an exemption was precluded from entering a health facility as of Sunday.
However, she said the employees could be reinstated if they became vaccinated within the next fortnight.
She said the 170 workers included no permanent doctors, but did include one temporary doctor, plus 38 nurses, 27 allied health workers and four paramedics.
“It gives me no pleasure to talk about the potential termination of our staff. However, I believe we owe it not just to our patient cohort, but indeed to the entire Tasmanian community, to ensure that we are leading on this and that we are working to protect our patients, each other and the community that we serve,” Ms Morgan-Wicks said.
She said due to the low numbers of unvaccinated staff, she anticipated a low impact on service delivery, and that recruitment to replace the terminated staff would soon begin.
As of Sunday, 89 per cent of Tasmanians over the age of 16 have received at least their first Covid jab, with 74.5 per cent fully vaccinated.
The number of children aged 12 to 15 who have received their first jab is 57.7 per cent.
Health workers submit Covid jab proof
TASMANIAN health sector workers continued to provide evidence of Covid-19 vaccination on Saturday, the final day for them to do so before facing the prospect of losing their jobs.
It is mandatory in the state for these workers to be vaccinated, and they had until October 30 to prove they had been, or had a booking to have the jab.
It comes after a group of more than 500 health care workers lost a Supreme Court injunction bid against the mandate.
They had argued the rule was an “abuse of power”, but while the injunction was unsuccessful, they won a bid for the court to review the order.
Health department secretary Kathrine Morgan-Wicks had said she would pursue “termination action” for any Tasmanian health care worker not vaccinated by the end of the month.
On Saturday, Ms Morgan-Wicks said the department’s human resources area had continued to receive evidence of vaccination from employees.
“Mandatory vaccination is not a step we have taken lightly,” she said.
“As health workers, we owe it to the patients we care for, and the broader community, to do everything we can to protect Tasmania from the impact of a Covid-19 outbreak.”
“With more than 15,500 people already having complied with the direction, I remain confident that there will be a negligible impact if any on our public health services from [Sunday].”
Health workers lose injunction bid against vaccine mandate
TASMANIAN health care workers who refuse to be vaccinated against Covid-19 will still face dismissal this weekend after losing a Supreme Court injunction bid.
However, all hope is not lost for those opposed to the vaccine mandate – with Chief Justice Alan Blow judge ruling they can fight their case in a full court stoush next week.
The case was argued on Friday after part-time Royal Hobart Hospital surgeon David Dunn lodged an eleventh hour application on behalf of more than 500 of the state’s health care workers, claiming the mandate was an “abuse of power” and breached both the State Services Act and Public Health Act.
While the workers lost their bid for a temporary halt on terminations, they won a jurisdictional argument, meaning the Supreme Court will review the order made by the Director of Public Health.
Earlier this month, Secretary for the Department of Health, Kathrine Morgan-Wicks, announced she’d pursue “termination action” for any Tasmanian health care workers who weren’t vaccinated by October 31, or who had not provided an exemption.
On Friday, barrister Peter King, appearing via video link, argued the Director of Public Health had “exceeded his powers in making the order that he did”.
“He did that … by making a mandatory direction in respect of certain workers that they have to be vaccinated, whether they consented to it or not,” he said.
“It would require a very specific power inferred by the parliament onto him, and it just doesn’t exist.
“The power conferred upon the director is not a power to terminate the employment of Dr Dunn, or anyone else.”
Chief Justice Blow agreed with Mr King that there had been no cases of Covid-19 community transmission in Tasmania for more than a year, meaning there was a low risk in “preserving the status quo for a short time”.
However, the judge said the workers’ arguments were “remarkably weak”, noting the Public Health Act gave the director “very wide powers”.
“I think that the provision is more likely to be construed, in practical terms, as giving the director carte blanche, or something like it, in a medical emergency,” Chief Justice Blow said.
“I don’t think the applicant has shown a sufficient prospect of success. So the application for an interlocutory application is refused.”
A tentative date for a full court hearing has been set down for November 4.
Speaking outside court, barrister Ray Broomhall said the workers had won a “bittersweet victory”, with the case to be battled “full guns blazing” in court next week.
“Because we couldn’t get the injunction, technically by midnight on the 30th, they will be terminated – which is a real shame,” he said.
“(But) we’ve still got a chance of persuading the court that what has happened is not correct in law. In that circumstance, it will be interesting to see if we do win the case, how people will be reinstated.”
Health workers’ last-ditch bid to skip mandatory vaccinations
A GROUP of Tasmanian healthcare workers opposed to mandatory vaccinations for Covid-19 have filed a last-ditch attempt in the state’s Supreme Court to try to overcome the order, arguing it is unlawful and discriminatory.
Workers in health care settings have until this Sunday to have received a first dose of Covid-19 or to have provided evidence of a booking or exemption.
On Thursday afternoon, barrister Raymond Broomhall, representing more than 500 health care workers, filed an application in the Supreme Court for a review of the decision by the Director of Public Health to mandate vaccinations.
“We’re basically saying it’s been an abuse of power, that it breaches the State Service Act, and also breaches section 6 of the Public Health Act,’’ he said.
“Once it’s filed, we are then seeking an urgent hearing [on Friday] to then suspend the operation of the mandatory vaccination directions.”
Mr Broomhall promised the matter would be taken all the way to Australia’s top court if needed.
“If that’s unsuccessful, then we have no choice but to then appeal the decision and this could end up all the way to the High Court,’’ he said.
“This is a matter of urgency because if it’s not done tomorrow then all these workers are going to be sacked, and we’re looking at least 2000 workers.”
Mr Broomhall said there were about 519 people involved in the application and they had engaged legal professionals.
Appearing alongside Mr Broomhall outside the Supreme Court, Associate Professor David Wylie Dunn who works part-time in the emergency surgical department of the Royal Hobart Hospital, said health care workers were “extremely concerned” about the mandate.
“You can’t give voluntary consent if something is mandated because that automatically means that you are coerced into signing a consent form,’’ Mr Dunn said.
“If it’s mandated and there’s penalties for not complying, then that's coercion and that’s illegal.”
Mr Broomhall said there were hundreds of statements from health care workers that would be tendered to the court as evidence.
“In essence, what we say is it’s unlawful to discriminate against a person because of their vaccination status,’’ he said.
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Originally published as Termination letters sent to 170 unvaccinated Tasmanian health workers
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