Date: 22 March 2021
Tribunal: Queensland Industrial Relations Commission
Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Public Service Act 2008 ss 148, 149, 149B; Industrial Relations Act 2016 s 562C; Directive 09/20 Fixed term temporary employment
Keywords: Education, Training and Employment

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.

Visit the judgment: Fennell v State of Queensland (Queensland Health) [2021] QIRC 092