Date: 21 October 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Industrial Commissioner Dwyer
Human Rights Act 2019 (Qld) Sections: s13
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ch 11; Public Health Act 2005 s362B
Keywords: Public Law Considerations: COVID-19 Directions; Education, Training and Employment

This Matter concerned an application for a review of a decision from the respondent to refuse remuneration to the applicant for suspended employment due to non-compliance with COVID-19 directions. The applicant did not refer to any specific human right under the Act, however the respondent referred to section 13 of the Human Rights Act that affords for the restriction of the prescribed human rights. The Commission did not engage in any further substantive discussion in respect to the applicant’s human rights. The initial decision was affirmed.

Visit the judgment: Luna v State of Queensland (Department of Education) [2022] QIRC 419