Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9:

1. The applicant worked for NSW Ambulance for approximately 25 years. He had worked as the Station Officer at Tumut for 16 years when he was dismissed in March 2022 due to his COVID-19 vaccination status. He lodged an unfair dismissal application with the Commission under s 84 of the Industrial Relations Act 1996 (NSW) (IR Act), contending that his dismissal was both substantively and procedurally unfair. That application was unsuccessful. [1]

2. The applicant now seeks leave to appeal and, if leave is granted, to appeal the decision of Commissioner O'Sullivan on 28 June 2024 dismissing his unfair dismissal application. The applicant asserts multiple errors in Commissioner O'Sullivan's decision. In addition to seeking leave to appeal, the applicant seeks an order setting aside the decision of Commissioner O'Sullivan, such remedies in accordance with the IR Act as determined by the Full Bench of the Commission and such other orders as the Full Bench of the Commission may consider appropriate in the circumstances. Accordingly, the Commission is required to determine firstly, whether leave should be granted to the applicant.

Background

3. The applicant commenced permanent full-time employment with the respondent on 25 August 1996. He has worked in a number of departments of the respondent since that time, including the NSW Ambulance Media Department, Air Ambulance and the NSW Control Centre. He commenced as the Station Officer at Tumut in 2006.

4. While employed for the respondent, the applicant was awarded a number of service medals and other forms of professional recognition, including the NSW Ambulance Long Service and Good Conduct Medal plus clasp. In addition to that employment, the applicant was elected councillor for the former Tumut Shire Council between 2008 and 2012, including as Deputy Mayor for three years and Mayor for one year. In 2017 he was elected as a councillor for Snowy Valleys Council, a position which is ongoing.

5. The applicant was on sick leave from on or about 16 September 2021 until 28 October 2021. On 20 September 2021, the Paramedicine Council of NSW suspended the applicant's registration under the Health Practitioner Regulation National Law 2009 (NSW), a decision which was subject to review by the Civil and Administrative Tribunal of New South Wales (NCAT). The applicant made a workers' compensation claim on or about 12 November 2021 and was paid until the insurer denied his claim on 3 February 2022.

6. The applicant was dismissed from his employment on 3 March 2022 following his failure to provide evidence of receiving two doses of COVID-19 vaccine or receiving an approved medical contraindication (the vaccination requirements).

7. This application for leave to appeal and appeal was heard together with an application for leave to appeal and appeal by the applicant's wife from a decision by Commissioner O'Sullivan dismissing Ms Larter's unfair dismissal application. [2]

Leave to appeal, nature of appeal and statutory framework

8. We have set out the applicable principles governing the determination of leave to appeal, the nature of appeals and the determination of applications under s 84 of the IR Act in the related appeal Larter v Health Secretary in respect of Murrumbidgee Local Health District [2025] NSWIRComm 6 at [5]-[13]. We adopt those principles for the purposes of this application without repeating them.

The evidence

9. During the appeal proceedings, the applicant suggested that the evidence in his proceedings was evidence in Ms Larter's proceedings and vice versa. However, while closing submissions in both proceedings at first instance were heard together for the sake of convenience, there was no order that evidence in Mr Larter's case was evidence in Ms Larter's case and vice versa. Evidence in the two proceedings was heard and received on an entirely separate basis. The Full Bench has proceeded on this basis for the purposes of both applications for leave to appeal and appeal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1960f266e1f5977e7e21ea9b)

Disclaimer: Curated by HT Syndication.