Phillips v State of Queensland (Department of Transport and Main Roads) [2023] QIRC 019

Date: 20 January 2023
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: s25
Rights Considered: right to privacy and reputation.
Other Legislation: Industrial Relations Act 2016 s 562B; Public Interest Disclosure Act 2010; Public Service Act 2008 ss 133, 134, 178; Work Health and Safety Act 2011.
Keywords: Privacy and Confidentiality; Education, Training and Right to Employment

This matter concerned the appeal of a decision made by the respondent to transfer the appellant to a new managerial position. The respondent claimed that the transfer was made due to ‘complex difficulties’ in the workplace, mental or physical illness or disability caused by work and an account from a medical practitioner that the appellant’s workplace issues were the source of their health issues. The appellant stated that the decision was ‘in conflict with the [Human Rights Act], specifically section 25 of the Human Rights Act 2019 (Qld), as the decision relies on allegations made in relation to her mental illness that intentionally harmed her reputation. The respondent refuted this claim on the grounds that the adverse effects of the workplace on her mental health were confirmed by a medical practitioner. The Commission acknowledged the appellant’s right to privacy and reputation under section 25 of the Human Rights Act 2019 (Qld), however, the concluded that the reasoning provided for her transfer was not an unlawful attack on the appellant’s reputation. The decision appealed against was confirmed.

Visit the judgment: Phillips v State of Queensland (Department of Transport and Main Roads) [2023] QIRC 019