Lee v State of Queensland (Public Safety Business Agency) [2021] QIRC 013

Date: 19 January 2021
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14; Industrial Relations Act 2016 (Qld) ss 564, 562B, 562C; Public Service Act 2008 (Qld) ss 120, 149, 149A, 149B, 149C, 194, 196, 197; Statutory Instruments Act 1992 (Qld) ss 7, 14
Keywords: Education, Training and Employment

This case concerns an appeal against a decision to refuse the appellants transfer request to a higher employment classification level. The Human Rights Act 2019 (Qld) was considered in regard to the obligation of the Department's decision makers to act and make decisions in a way that is compatible with human rights.

The appellant has filed an appeal against a decision not to convert her permanently to a higher employment classification level position. Her request was refused on the basis that the position the appellant had been relieving since March 2017 was not permanently vacant, and so therefore not available to be converted into.

The basis of the appeal was that the decision was unreasonable, considering they did not provide her notice in writing of the decision within the timeframe, and that she would be working in that position and involved in that project for potentially several more years. The Department in response claimed she was only contracted in that position until January 2021, from when she would be transferred to either QPS or QFES.

The Human Rights Act 2019 (Qld) was considered in relation to the obligation that decision makers have an obligation to act and make decisions in a way that is compatible with human rights; at [35] or [4.3] of Directive 13/20 Appointing a public service employee to a higher classification level.

McLennan IC decided that the Department followed an acceptable pathway in informing her of their decision, and the Department’s reasoning for the decision sufficiently fair and reasonable. Her Honour dismissed the appeal; at [95] - [97].

Visit the judgment: Lee v State of Queensland (Public Safety Business Agency) [2021] QIRC 013