Former Nambour Hospital nurse applied to reopen court battle with Qld health

A former Sunshine Coast nurse has claimed he abandoned his previous case with Queensland Health “under duress” as he seeks to have the matter reopened.

The Nambour General Hospital.

A former Sunshine Coast nurse has sought to recommence legal proceedings against Queensland Health alleging a psychiatrist’s report presented new evidence while arguing he was forced to abandon earlier proceedings “under duress”.

Queensland Industrial Relations Commission court documents state Tony Quarrell worked as a nurse in the mental health ward at Nambour General Hospital, employed by Sunshine Coast Hospital and Health Services, from 2011.

Mr Quarrell, who initially opted to discontinue proceedings against Queensland Health in 2021, applied to reopen the case with what he claimed was new evidence in July last year.

Court documents stated Mr Quarrell first began proceedings with the QIRC claiming to have been “subject to adverse action by the SCHHS” during his employment and following his resignation in 2018.

Mr Quarrell argued SCHHS delayed his completion of approved tertiary studies, which led to a psychological injury.

“Mr Quarrell submitted that after exercising a workplace right through a relevant industrial instrument where he sought to pursue previously approved tertiary studies, he was subsequently injured in his employment,” the documents stated.

Queensland Health argued this was not the case.

“In response, Queensland Health argued there was no workplace right conferred by the relevant award, that it did not engage in adverse action and that any delay to Mr Quarrell’s studies arose because of reasonable management action and operational requirements,” the documents stated.

Mr Quarrell worked at the Nambour General Hospital when he began tertiary studies. Photo: John McCutcheon / Sunshine Coast Daily

Queensland Health also denied Mr Quarrell’s claims his attempts to move jobs closer to his home were “frustrated” by SCHHS representatives.

Mr Quarrell further argued he was forced to discontinue his action against Queensland Health “under duress”.

“Mr Quarrell further submits he was only provided with three hours’ notice to comply with a Directions Order and that he withdrew from the GP proceedings under duress,” the documents stated.

Queensland Health argued the new information provided by Mr Quarrell was not new evidence and the former nurse had the opportunity to obtain the psychiatrist’s report during the initial case.

Industrial Commissioner Minna Knight said Mr Quarrell had failed to provide his representation, the Queensland Nurses and Midwives Union, with directions and did not act in a timely matter to try and reopen the case in the years that followed.

“While Mr Quarrell contends he signed the request following a breakdown in communication with his representatives and under duress, at its highest the materials before the Commission indicate the QNMU elected to discontinue its representation and provide him with advice about his options after it was unable to obtain instructions,” Ms Knight said.

The application to reopen the proceedings was ultimately dismissed.

Originally published as Former Nambour Hospital nurse applied to reopen court battle with Qld health