Thorley v State of Queensland (Department of Education) [2022] QIRC 133

Date: 6 April 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 ss 562B, 566(1); Public Service Act 2008 ss 137, 194, 196, 197.
Keywords: Public Law Considerations: COVID-19 Directions

The appellant, a teacher, appealed against the Department of Education’s decision to suspend her without pay due to her failure to comply with a COVID-19 vaccination direction. The appellant argued that the decision made ‘an unjustifiable incursion’ on her human rights, and that the decision maker had no authority to ‘overrule’ section 4 of the Covid-19 Emergency Response Act (2020) (Qld) which states that it does not override the Human Rights Act 2019 (Qld). The Member concluded that the respondent appropriately considered the appellant's human rights and potential limits which were ultimately justifiable, but there was no substantive consideration of human rights.

Visit the judgment: Thorley v State of Queensland (Department of Education) [2022] QIRC 133