BR v State of Queensland (No 2) [2022] QIRC 154

Date: 6 May 2022
Court/ Tribunal: Queensland Industrial Relations Commission
Judicial Officer/ Tribunal Member: Hartigan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) ss 137, 187 and 194
Keywords: Education, Training, Employment

The appellant sought a review of the respondent’s decision to suspend his employment without normal remuneration after he had been charged with seven indictable offences, including five counts of sexual assault, which allegedly occurred during his work as a ride share driver and not his work for the respondent. The decision maker considered the effects of the decision on the appellant’s human rights (including his right to privacy and reputation) but did not draw on the Human Rights Act 2019 (Qld). The appellant raised his right under the Human Rights Act 2019 (Qld) to be presumed innocent until proven guilty (s 31(1)) however the Commission noted that the decision maker did not seek to determine or make a determination as to whether the appellant was guilty of the alleged conduct. The decision under review was an administrative action, taken for administrative necessity, rather than a disciplinary action, and the appellant would be entitled to reimbursement from the date of suspension without pay if the disciplinary process did not ultimately result in employment termination.

Visit the judgment: BR v State of Queensland (No 2) [2022] QIRC 154