Jelacic v State of Queensland (Queensland Fire and Emergency Services) [2021] QIRC 384

Date: 9 November 2021
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Hartigan IC
Human Rights Act 2019 (Qld) Sections: None
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B(2), 562B(3), 562C, 566; Public Service Act 2008 (Qld) ss 187, 188, 194
Keywords: Public Law Considerations: COVID-19 Directions

The case concerned an appeal of finding and disciplinary decisions concerning five allegations associated with an alleged failure to comply with a workplace directive to wear a facemask. The Commission set aside the finding decision and disciplinary decision given the serious deficiencies associated with the decision-making process without expressing an opinion regarding the directions or whether the appellant properly established that he fell within a recognised exemption. Human rights were raised in the appellant’s submissions, but the Commission did not substantively discuss human rights.

Visit the judgment: Jelacic v State of Queensland (Queensland Fire and Emergency Services) [2021] QIRC 384