Inactive AFLW player and nurse Dani Warnhagen has won a narrow victory in her legal challenge against South Australia’s health workers’ vaccine mandate when the Court of Appeal granted her request for an urgent appeal.
- Dani Warnhagen lost her job as a nurse after refusing to get vaccinated
- She and another nurse lost a bid to overturn the rule
- The judge set a date to hear the appeal
Last month, the Supreme Court dismissed her case on the grounds that she had “ceased to be of any use” given the emergencies she challenged were removed and replaced by legislation.
Her legal team is appealing the decision last week asked for an urgent, expedited hearing as the guidelines expire on November 23.
If the legislation had expired before the appeal could be heard and heard, it would have rendered it legally “useless”, but the court’s diary was “absolutely full”.
Today, the Court of Appeal announced that it can consider the appeal on November 11, 12 days before the deadline.
It is not yet clear whether the state government will continue the mandate.
Ms Warnhagen, who has been a registered nurse for seven years, has worked in intensive care at Flinders Medical Center and as an anesthesia and recovery nurse at Glenelg Day Surgery.
In an affidavit, Ms. Varnhagen previously told the court that she could not make an informed decision about vaccination because of the effectiveness or safety of the vaccines.
She mentioned her “personal circumstances as a healthy, young woman of childbearing age.”
“I believe that I am being forced to do this [getting vaccinated] to keep my job,” she said.
Her fellow applicant, Courtney Millington, has been a registered nurse for 17 years and has worked at the Women’s and Children’s Hospital and Healthcare Australia.
After being told she must be vaccinated to continue working, she received one dose of the COVID-19 vaccine but said she was in pain and asked for an exemption from the mandate, but it was not granted.
Ms Varnhagen’s time on the Adelaide Crows inactive list was extended in June after she became pregnant.