Date: 17 November 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer: Merrell DP
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) s 562C; Industrial Relations (Tribunals) Rules 2011 (Qld) rr 45, 97; Public Service Act 2008 s 149B.
Keywords: Education, Training and Employment

This case concerned an appeal of a decision to extend the appellant’s fixed term temporary employment and to not permanently appoint her based on genuine operational requirements. The decision maker provided that Part 2 of the Human Rights Act 2019 (Qld) had been considered in making the decision. No further human rights discussion was given by the judgment. The Commission set aside the decision as it had no confidence that the matters specified in the decision amounted to genuine operational requirements of TAFE.

Visit the judgment: Basnayake v TAFE Queensland [2022] QIRC 444