Whitson v State of Queensland (Department of Education) [2023] QIRC 202

Date: 13 July 2023
Court/Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: s 21
Rights Considered: Right to freedom of expression
Other Legislation: Individual Employee Grievances (Directive 11/20) cls 6, 9; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Sector Act 2022 (Qld) ss 129, 131, 133; Workplace Health and Safety Act (Qld) ss 19, 29.
Keywords: Education, Training and Employment, Administrative Internal Review

The case concerned an appeal of an internal review decision in circumstances where the appellant was absent from their workplace due to illness and/or injury for five years. In the internal review, the decision-maker addressed the appellant’s human rights and acknowledged that the requirement to keep the contents of a specific letter confidential would limit the right to freedom of expression (section 21) pursuant to the Human Rights Act 2019 (Qld), which included the freedom to impart information of all kinds. The decision-maker considered that such a limitation was reasonable and demonstrably justifiable in accordance with the Human Rights Act 2019 (Qld). The Tribunal agreed and noted that, to the extent required to conduct his appeal, the applicant had been able to discuss the matters subject of the grievance and the decision: [115].

Visit the judgement: Whitson v State of Queensland (Department of Education) [2023] QIRC 202