Bakhash v State of Queensland (Department of Education) [2022] QIRC 362

Date: 16 September 2022
Tribunal: Queensland Industrial Relations Commission
Judicial Officer: Dwyer IC
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) s 562A; Public Service Act 2008 (Qld) s 137; Employment Direction 1/22 – COVID 19 Vaccination; Direction 16/20, Suspension Direction cl 6, 7, 8
Keywords: Public Law Considerations: COVID-19 Directions; Education, Training and Employment

This case concerned an appeal of the respondent’s decision that the appellant contravened clause 5 of the Employment Direction 1/22 - COVID 19 Vaccination (‘the direction’), without reasonable excuse. The appellant advanced a number of arguments and made several comments that the Commission considered to be incorrect. Among these, the appellant claimed generally that, according to the Human Rights Act 2019 (Qld), the direction was unlawful. The Commission noted that the appellant had failed to consider the effect of s 13 of the Human Rights Act 2019 (Qld), and the extent to which human rights may be legitimately limited. The Commission declined to hear the appellant’s appeal against the respondent’s decision.

Visit the judgment: Bakhash v State of Queensland (Department of Education) [2022] QIRC 362