A senior emergency doctor who was sacked by the Mackay Hospital and Health Service (MHHS) has launched legal action to be able to appeal against his termination.
Dr Peter Wirth was employed as a senior medical officer in the Mackay Base Hospital’s emergency department but was sacked in January following an investigation into communication and relationship breakdowns in the department.
Court documents obtained by the ABC show Dr Wirth has lodged an application in the Supreme Court to have the report and subsequent suspension and termination ruled invalid and his employment reinstated.
His lawyers argue he was not told allegations of misconduct against him were the focus of the investigation.
In their application they said the MHHS tried to avoid accountability and there was a “gross breach of procedural fairness”.
The application argues that because proper processes were not followed, Dr Wirth was not given the opportunity to respond to the allegations.
In August last year MHHS engaged law firm Clayton Utz to conduct an independent review of the workings of the emergency department following several claims of alleged misconduct against Dr Wirth.
Last September, Dr Wirth was asked to attend an interview with Clayton Utz where he said he was not told of alleged complaints about his behaviour.
The following month Dr Wirth was issued with a show-cause notice and then suspended on full pay.
He was sacked in January.
The MHHS has moved to have Dr Wirth’s application dismissed or for a permanent stay of proceedings.
They argue the application was not made in the allowable time frame.
But Dr Wirth said he was only recently made aware of the investigation against him and has made the application within 28 days of learning the nature of the investigation.
MHHS also said the issue of Dr Wirth’s termination was being dealt with by the Queensland Industrial Relations Commission, which has already heard several days of evidence.
The hearing was due to resume next week but Dr Wirth has now withdrawn from those proceedings.
No decision has been made on Dr Wirth’s Supreme Court application.