An injunction to stop Victoria’s largest public health service from firing nurses who refuse the COVID-19 vaccination or refusing to disclose their vaccination status was thrown out by the federal court in November.
A group of 90 nurses from Monash Health argued before the court that they should have been consulted before any disciplinary action was taken against them.
The health service was acting on a directive from Victoria’s chief health officer under the Public Health and Wellbeing Act 2008 (Vic), which made it clear that health workers must be fully vaccinated, having received at least their first COVID-19 vaccine dose by 29 October in order to work in a healthcare setting. They had to provide evidence of vaccination to their employer.
In the federal court, Justice John Snaden said the public health directions did not permit Monash to do anything else other than terminate employment.
He dismissed the nurses’ argument that they should have been consulted before disciplinary action was implemented.
He described their case as “at best, weak”.
Chris O’Grady QC, representing Monash Health, said the employer had simply been following the chief health officer’s directions.
“In light of the CHO directions, it goes without saying that anyone working in the health sector is going to have difficulty working in that sector, absent their willingness to either be vaccinated or disclose their vaccination status,” he said.
The Supreme Court has also rejected several challenges to NSW Public Health Orders as has the NSW Civil and Administrative Tribunal.
The Federal Court judge described the nurses’ case as ‘at best, weak’.