Education, Employment and Training

This matter concerned an application to stay the operation of the Department of Transport and Main Roads’ decision to immediately suspend the applicant’s driver authorisation number as a result of him being charged with domestic violence offences.

This case concerns an appeal to the Queensland Industrial Relations Commission against a decision made with respect to the appellant’s fixed term temporary employment status and consideration of conversion to permanent employment. In order to consider the appeal, it was necessary to consider the relevant provisions of the Public Service Act 2008 and Directive 09/20 Fixed Term Temporary Employment, the latter of which included a reference to the requirement imposed by section 58 of the Human Rights Act 2019 which requires decision makers to act and make decisions in a way that is compatible with human rights. However, there was no consideration of human rights made by the Commission.

The appellant sought a review of the respondent’s decision not to convert her employment from a Registered Nurse (NG5) to a Clinical Nurse (NG6).

This case concerned an application by the respondent for orders that they be granted leave to be legally represented at the proceedings between the respondent and the applicant. The substantive proceedings concerned the applicant seeking reinstatement of his former position, where he had raised the Human Rights Act 2019 (Qld): at [22]. This was not considered by the Commission.

The case concerned an application for leave to be legally represented in any conciliation conferences held before the Commission regarding an unfair dismissal application. The respondent had raised in submissions specific issues that were likely to be disputed, both in fact and law, which included whether the respondent had complied with the Human Rights Act 2019 (Qld). There were no further references to or discussion of the Human Rights Act 2019 (Qld). The Commission did not consider human rights in the decision to grant leave to be legally represented.

The case concerned a finding by the Queensland Racing Integrity Commission that the applicant had engaged in misconduct. The Tribunal determined that the limitations on the applicant’s human rights were reasonable and demonstrably justifiable.

The appellant, a Registered Nurse, appealed against Queensland Health’s decision which denied him an exemption from complying with a vaccination directive, which he requested on the basis of his religious beliefs: at [7], [8], [13], [31]. As an aspect of the appeal, the appellant alleged that his human rights were breached through religious discrimination: at [36].

The case concerned an appeal against a rejection of the appellant’s application for an exemption, made on the grounds of a genuinely held religious belief, from the Queensland Health employee COVID-19 vaccination requirement: at [4]. The Commissioner acknowledged that the decision may engage or limit some of the appellant’s human rights and that the decision-maker had rightly decided that the limitation on human rights was necessary and there were no less restrictive means to achieve the directive’s purpose: at [15], [36]-[38]. Accordingly, the Commission held that the application for the exemption was rightly declined as the decision was fair and reasonable and the appeal was dismissed: at [39]-[40].

This matter involved an application for appeal of a disciplinary decision from the Respondent based on various allegations made in respect to the Applicant’s conduct during his employment.

The appellant sought a review of the respondent’s decision to refuse their COVID-19 vaccine exemption application form which cited genuinely held religious beliefs. The appellant submitted that the vaccination requirement was contrary to s 17(c) of the Human Rights Act 2019 (Qld) however the Commission found that the Health Employment Directive 12/21 could not be characterised as engaging this provision.