A group of teachers and small business owners have been granted an appeal to argue that a state’s COVID-19 vaccination mandates were unlawful.
Teachers sacked for refusing to get the COVID-19 vaccine and small business owners impacted by the mandate have been granted an appeal against the Queensland government.
The Queensland Court of Appeal ruled today in favour of seven teachers and 12 small business owners who wish to fight again that the mandate was unlawful.
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Gold Coast teacher Cherie Jean Ishiyama was sacked from her job in 2022 after refusing to get the COVID-19 vaccine, breaching the state’s mandate for frontline staff, including educators.
Five other teachers and an early childhood educator also refused to be vaccinated, fearing they would be terminated from their jobs due to the mandate.
Among the 12 hospitality owners, many were unvaccinated and could not enter their businesses and were forced to treat staff and visitors differently based on their vaccination status.
Others were fully vaccinated but had to restrict access to patrons who were unvaccinated, which “significantly” impacted turnover.
The group lodged an application in 2022 against the COVID-19 mandate made by the Queensland government and former chief health officer John Gerrard, claiming it was “unlawful” and detrimental to their human rights.
The mandate, which applied to workers in educational settings, correctional services facilities, police watch houses, youth detention centres, and airports, and required only vaccinated people with proof to enter businesses, was revoked later in 2022.
The Supreme Court ruled in favour of the state government in 2023 to grant summary dismissal because the group was no longer affected by the mandate, given it had been revoked.
The group was also made to pay the state government’s costs.
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The teachers and business owners appealed the decision, seeking “declaratory relief” and for the state government to instead pay the costs.
Declaratory relief means a court can determine the legal rights of parties without ordering anything to be done or awarding damages.
Again, the state government argued the Supreme Court’s decision should be upheld because none of the group was at risk of future prosecution for not complying with the revoked mandate and there were “no foreseeable consequences”.
The Court of Appeal on Tuesday granted the appeal and overturned the state government’s summary dismissal application.
“There is no other good reason to deny the applicants their day in court in their attempt to establish the merits of their claims for declaratory orders in relation to alleged past contraventions,” Justice John Bond ruled.
“There is a strong public interest in determining whether or not there is any merit in their claims.”
Justice Bond also ruled the state government and Gerrard must pay the costs of the application.
“There is no good reason why costs should not follow the event, and they should not have their costs in this court and below,” Justice Bond said.
The granting of the appeal means the teacher and small business owner’s case can now go back before the courts.
It comes after the Queensland Supreme Court made a landmark ruling in 2024 that police and ambulance service workers were unlawfully directed to receive vaccines or face potential disciplinary action up to and including termination of employment.
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