Herbert v State of Queensland (Department of Education) [2021] QIRC 415

Date: 7 December 2021 
Court/Tribunal: Queensland Industrial Relations Commission 
Judicial Officer/Tribunal Member: Hartigan IC 
Human Rights Act 2019
(Qld) Sections: s 58(1) 
Rights Considered: N/A Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) ss 197, 149C, 295 
Keywords: Education, Training and Employment

This case concerned an appeal of a decision to reject a conversion to a higher classification position under the Public Service Act 2008 (Qld). In submissions, the respondent decision-maker had noted that, as required by the Human Rights Act 2019 (Qld), the appellant’s human rights had been considered, particularly the right to work embodied in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. There was no substantive discussion of human rights nor the Human Rights Act 2019 (Qld) by the Commission.

Visit the Judgment: Herbert v State of Queensland (Department of Education) [2021] QIRC 415