Kari Richter appeals Covid-19 exemption refusal with Industrial Relations
A Sunshine Coast health worker has had a win of sorts over Queensland Health’s mandatory Covid-19 jab after she wanted to investigate its effects on her medical condition.
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A Sunshine Coast hospital worker has taken Queensland Health to the Industrial Relations Commission after her Covid-19 exemption was rejected when she wanted to investigate its impact on her neurological disease.
Nambour General Hospital nurse navigator Kari Richter applied for an exemption from the Covid-19 vaccine after the Queensland Government’s health directive made the jab mandatory on September 11, 2021.
Ms Richter applied for an exemption on the grounds of exceptional circumstances as she wanted to investigate the impacts it may have on her condition of Charcot Marie Tooth Disease.
CMTD is a hereditary and degenerative nerve disease that includes muscle weakness, decreased muscle size, hammer toes, high arches and more.
Her exemption was refused and she appealed it on March 3, 2022, with the Commission ordering a fresh internal review be carried out by June 24, 2022, stating the decision to refuse was not fair and reasonable.
Ms Richter had been working at Nambour General Hospital within the Sunshine Coast Hospital and Health Service for more than 10 years up until her appeal.
Queensland Industrial Relations Commission documents said Ms Richter had her exemption refused and was directed to receive her required dose of Covid-19 vaccination and provide confirmation of it within seven days of a letter dated January 6, 2022.
Ms Richter requested an internal review of the decision two days later but the refusal of the exemption was confirmed on February 9, 2022.
Documents say Ms Richter filed an appeal notice where she considered it “unfair and unreasonable” treatment appeal.
In QIRC documents Ms Richter said neither the directive or decision makers’ letter gave any indication as to what constituted exceptional circumstances for an exemption.
She said no weight was given to her condition of CMTD as there was no information on the impact the Covid-19 vaccine would have on the condition.
Ms Richter also said in court documents in her job as a nurse navigator that her role could be done with minimal contact with patients, their families and other stakeholders and could work remotely.
In response Queensland Health said Ms Richter submitted no evidence of a recognised medical reason reported to the Australian Immunisation Register for an exemption.
SCHHS’s Andrew Leggate confirmed in court documents the decision to refuse Ms Richter’s exemption was on the basis of the “high level of risk to the health and wellbeing of patients, colleagues and other key stakeholders” who access services at the Nambour General Hospital and the SCHHS.
Court documents said Ms Richter’s human rights were taken into account and Mr Leggate determined any limitation to them was “justified by the need to ensure the readiness of the health system in responding to the Covid-19 pandemic, and to protect the lives of employees, patients, and the community they serve”.
Queensland Health said as a nurse navigator Ms Richter was to help patients navigate the healthcare system and she would inevitably have to come to the Nambour Hospital and meet with staff and patients even if she did work remotely.
The Queensland Nurses and Midwives’ Union of Employees provided submissions on behalf of Ms Richter and said her doctor supported her exemption for six months to allow for more investigation into the vaccine’s impact and had inquired from an opinion from a neurologist.
They responded to Queensland Health’s submission about Ms Richter taking leave on half pay and said it would be reasonable for her to take long service on half pay to allow for further medical investigations.
The union proposed an exemption at least for this period during which she would not be in the workplace.
Industrial Relations documents state the reasons given by Mr Leggate do not disclose why the decision was made or demonstrate how matters were considered.
The Commission said the decision was not fair and reasonable and ordered a fresh internal review be completed by June 24, 2022.
A SCHHS spokeswoman said the health service would conduct this review in line with the Queensland Industrial Relations Commission’s ruling.
“The internal review will be conducted in accordance with SCHHS’s legislative obligations and industrial arrangements,” she said.
“The outcome of the internal review will be communicated with the employee.”
QNMU’S acting secretary Kate Veach said as the matter was ongoing, the union was unable to comment at this time.
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