Home Uncategorized Queensland government facing ‘thousands’ of potential compo claims after vaccines ruling

Queensland government facing ‘thousands’ of potential compo claims after vaccines ruling

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A state government could be up for millions in compensation after a court ruled its Covid vaccine mandates were ‘ineffective’ and ‘unlawful’- with a controversial billionaire ready to back more legal action by those sacked for refusing the jabs.

Despite the Queensland government deciding not to appeal the landmark Supreme Court decision against their imposition of vaccine mandates, health agencies have not moved to automatically give fired staff their jobs back or provide compensation.

Mining magnate Clive Palmer, who contributed $3m to help win the Supreme Court case brought against the government by a nurses’ union and 74 police, has said he would consider backing class actions to recoup costs and get justice.

Queensland Health has reconfirmed any staff who lost their job following the mandate is welcome to reapply for their position.

The Queensland Government could be up for millions in compensation after a court ruled Covid vaccine mandates for employees was unlawful (a Townsville nurse gets the jab in 2021)

The Queensland Government could be up for millions in compensation after a court ruled Covid vaccine mandates for employees was unlawful (a Townsville nurse gets the jab in 2021)

‘Anyone who left Queensland Health and the QAS because they did not want to take a Covid-19 vaccine is welcome to reapply for roles in the organisation,’ a spokesman said.

Despite the department confirming to the Courier Mail that it would not be appealing the Supreme Court decision, health minister Shannon Fentiman said that she had not been informed of any compensation decision.

‘I have not been advised of any decisions regarding compensation, following the Director General’s decision today, not to appeal,’ she said.

The Nurses Professional Association Queensland (NPAQ) said nurses are still being blacklisted despite public agencies saying they were welcome to apply for their old jobs. 

‘Despite all the promises from Health Minister Shannon Fentiman and her Director General that they would love nurses to come back and save lives in a health crisis, her department is still refusing to rehire terminated nurses. NPAQ secretary Kara Thomas said.

‘Since the promises we have been informed by a nurse that due to her disciplinary action, they could not offer her a position.

‘In the same week, another nurse who remained suspended received a letter from the department saying she may have the right skills and experience and to please apply, only to then receive a threat of termination letter. 

‘The left hand doesn’t know what the right hand is doing.’

Mining billionaire Clive Palmer has said he might back further legal action against the Queensland government's Covid vaccine mandates

Mining billionaire Clive Palmer has said he might back further legal action against the Queensland government’s Covid vaccine mandates

Ella King, a registered nurse of seven years, is one of those threatening legal action against the state government for being sacked after Queensland had dropped the vaccine mandates for new staff.

Ms Leach said by firing more than 1,200 nurses in a similar position, the state government is ‘just trying to prove a point’ in the middle of a health care worker shortage.

‘Terminating experienced nurses in a critical workforce shortage after keeping them in limbo for over two years, which to all appearances seems to be a power play… .I don’t think, passes the pub test,’ she told Daily Mail Australia.

‘This is not about me. This is about thousands of healthcare workers prevented from working in their profession.’

She told the Courier-Mail that she decided not to get the vaccine after observing colleagues reacting very badly to the shots.

Her employer Queensland Children’s Health even introduced a special sick leave for post-vaccination, Ms Leach said.

Registered nurse Ella Leach was fired while pregnant for refusing to take the Covid vaccine under Queensland's public employee mandates

Registered nurse Ella Leach was fired while pregnant for refusing to take the Covid vaccine under Queensland’s public employee mandates

It comes after the Supreme Court last month found that then-police commissioner Katarina Carroll failed to give proper consideration to human rights relevant to the decision to issue the vaccine mandate.

Former Department of Health director-general Dr John Wakefield was also unable to prove he issued the vaccine mandate under an implied term of the employment agreements for ambulance service workers.

As a result, both vaccine mandates were found by the court to be ‘unlawful’ and to have no effect.

The court also found the directions limited the human rights of workers because they were required to undergo a medical procedure without full consent but it was reasonable in all the circumstances.

The court ruling is expected to pave the way for thousands of other stood down workers to take on the mandates in court on the grounds of human rights breaches.

 

 

 

 

 



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