An unvaccinated Illawarra Shoalhaven Local Health District nurse who lost her job working in a busy ward of Shoalhaven Hospital has failed in her bid to get her job back.
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In a case heard by the Industrial Relations Commission last week, enrolled nurse Katherine Cromie argued that public health orders requiring health workers to be vaccinated against COVID-19 were "unconstitutional".
She said her job loss in December last year was harsh, unreasonable and unjust, and asked to be reinstated to her position.
Industrial Relations Commissioner Damian Sloan found she had failed to establish her case and dismissed the application.
During the proceedings, ward supervisor Melissa Jane Daly told the commission Ms Cromie looked after "acutely unwell" patients mainly aged over 65.
Her job included close-range personal care such as showering, toileting, dental hygiene and pressure area care and wound care, medication administration and assistance with patient feeding.
Ms Daly also said it was necessary for Ms Cromie to frequently interact with other clinicians in her role, including doctors, nurses and allied health staff.
Commissioner Sloan said the COVID-19 health order requirements "were the subject of numerous discussions" between Ms Daly and Ms Cromie, starting from mid-August until she was placed on unpaid leave at the end of September.
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"Ms Daly offered Ms Cromie the opportunity to speak to the Dr William Pratt, Infectious Diseases Specialist at [Illawarra Shoalhaven Local Health District], to discuss any concerns or questions she may have had regarding COVID-19 vaccines," he said.
"Ms Cromie declined that offer."
According to the judgement, Ms Cromie's case "in very large part" relied on challenging the legality, validity or enforceability of the public health orders requiring vaccinations for health workers, with documents from her legal representative said to demonstrate that "all legislation in this country is unconstitutional".
The nurse also argued she was not given information about the necessity of the vaccination mandate or confirmation that vaccination would have no harmful impact on her, and "therefore was unable to give informed consent".
However, Commissioner Sloan said it was "clear from Ms Cromie's evidence and submissions that she was and is adamantly opposed to being vaccinated against COVID-19".
"There is nothing that the Secretary could conceivably have done that would have swayed Ms Cromie in this regard," he said.
"I acknowledge that Ms Cromie was confronted with a stark and hard choice. Nevertheless, it was a choice."
Ms Cromie said her life had changed since being stood down, and that her mental health had declined due to her job loss.
"What was supposed to be an important time in my life achieving goals I've now had to put on hold for the unforeseen future," her statement said.
"For example I was unable to buy a house that I worked hard to save for because I no longer had a secure income.
"I struggled to find a secure job for several months because people are discriminating against the unvaccinated.
"My mental health declined. It was difficult to see the positive side of life on a daily basis. I still do today. I've also lost a big portion of my social circle at the Shoalhaven Hospital."
According to NSW Health, the public health order which required the mandatory vaccination of health care workers ceased on June 19 this year.
However, for NSW Health staff, the requirement for health care workers to have at least two doses of a COVID-19 vaccine continues to apply under a Determination and Direction made by the Secretary of NSW Health.
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