Mackay Hospital and Health Service staffers refused vaccination exemption

Two hospital staffers have taken their case to the Queensland Industrial Relations Commission after they were refused a Covid-19 vaccination exemption.

Two Mackay hospital staffers have unsuccessfully fought against suspension without pay over the Covid-19 vaccination.

Details involving Tara Kate Graffunder and Stacy Elliott are revealed in three Queensland Industrial Relations Commission judgments.

Under state government directives all Queensland Health staff had to receive their first Covid vaccination by September 30 and their second dose by October 31, 2021.

Employees had to provide proof of vaccination within seven days of receiving each dose and also maintain vaccine protection including receiving booster doses as prescribed, unless granted an exemption.

Under state government directives all Queensland Health staff had to receive both Covid vaccination doses by October 31, 2021.

Ms Graffunder is a clinical director support officer within anaesthetics at Mackay Hospital and Health Service.

She applied for an exemption on September 30, 2021 citing “exceptional circumstances” that the vaccination breached the Work Health and Safety Act and was inconsistent with her human rights. Her application was refused on November 3.

She applied for an internal review of the refusal with further submissions including religious beliefs, medical concerns and that “forced consent challenges the conclusions and the verdict of the Nuremberg Tribunal”.

Following an internal review the vaccination exemption refusal was upheld and on December 24 Ms Graffunder was suspended without pay after being given a show cause over allegations she did not receive her second dose by October 31.

She has appealed this move in the QIRC arguing the decision was “unfair and unreasonable”.

Industrial Commissioner Roslyn McLennan, in a 35 page decision, found Ms Graffunder’s “exceptional circumstances” were linked to concerns over her employer’s “alleged failure to meet consultation requirements, inconsistencies with human rights and a lack of engagement regarding risk”.

Two Mackay hospital staffers applied for and were refused Covid vaccination exemptions. Picture: NCA NewsWire / Dan Peled

In further correspondence Ms Graffunder alleged her exceptional circumstances included she could not “provide fully informed consent” to receive the Covid-19 vaccination because her employer had failed to reply to several of her queries including a written guarantee the vaccine would not affect her fertility and who held liability if an employee “suffers adverse reaction to the mandated vaccine”.

The judgment stated Ms Graffunder claimed she could work remotely or undertake alternative working arrangements and that this also constituted an exceptional circumstance.

Ms McLennan agreed with Queensland Health’s submission that Ms Graffunder “evinced her personal preference not to receive a vaccine and that it was reasonable for the decision-maker to determine these matters do not demonstrate the existence of any exceptional circumstances which would justify the approval of an exemption”.

“Vaccine hesitancy is not itself uncommon and it may stem from a range of reasons as is the case for Ms Graffunder,” Ms McLennan found.

“Ms Graffunder has presented many arguments and raised many questions that are just that, arguments and questions – they are not ‘exceptional circumstances’ warranting an exemption.

“I have considered Ms Graffunder’s grounds of appeal and rejected each.”

Tara Kate Graffunder has been suspended without pay over her refusal to receive Covid vaccinations under the state government directive. Picture: Tony McDonough / NCA NewsWire.

Stacy Elliott, who is a MHHS health information services medical typist, failed to receive her second vaccination under the directive and as a result was suspended on full pay and issued a show cause notice why she should not be suspended without pay.

Her appeal is on the basis there are no grounds to suspend her without pay or terminate her employment. She argued:

“Currently, I have been given a suspension on full pay but had 14 days to lodge an appeal as to why I would not be suspended without pay and following that be subject to potential termination of employment for not following a health directive.

“I have repeatedly (sic) asked for a risk assessment and have never been provided with an (individual) … one for my role which I fulfil from home as a medical typist for the Mackay Base Hospital.”

Ms Elliott, who was refused a vaccination exception, argued her work did not require her to enter a healthcare facility as she worked from home and as such did not pose a health risk to colleagues, patients or family members, and she was not provided a “risk assessment specific to her role”.

MHHS argued the appeal was “misconceived” and the QIRC had no standing to hear it as there had been no decision to suspend Ms Elliott without pay. It also stated Ms Elliott was only working from home temporarily.

Stacy Elliott is a medical typist for Mackay Base Hospital but works from home.

The judgment stated Ms Elliott tried to obtain a vaccination on medical grounds but failed to provide evidence showing a medical contraindication.

An exemption request on medical grounds requires a letter from a treating specialist medical practitioner outlining a medical contraindication to the Covid-19 vaccine.

Ms Elliott argued that being fired for objecting to the vaccination mandate was “undue pressure, coercion and manipulation and is not in accordance with the definition of ‘valid consent’ under the Australian Immunisation Handbook” and her being suspended was a “significant risk” to patient care given “the serious situation regarding critical workforce shortage” within Queensland Health.

Industrial Commissioner Jacqueline Power, in an 11-page decision, found Ms Elliott’s appeal was misconceived on the grounds that suspending her on full pay and “requesting she show cause on suspension without remuneration and disciplinary findings are not appealable decisions”.

This publication contacted Queensland Health for comment.

MHHS chief executive Lisa Davies Jones said Covid-19 “poses a significant risk to the Queensland community and disproportionately affects healthcare workers and health support staff”.

“Mackay Hospital and Health Service is unable to comment on any individual staff matter,” she said.

Originally published as Mackay Hospital and Health Service staffers refused vaccination exemption