Domrow v State of Queensland (Queensland Treasury) [2022] QIRC 331
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Title
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Domrow v State of Queensland (Queensland Treasury) [2022] QIRC 331
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Date
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August 24, 2022
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Summary
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The Appellant submitted that, inter alia, his human rights had not been properly considered in implementation of the COVID-19 vaccination requirements for Treasury employees (‘the Policy’): at [18]. Amongst other reasonings, the Appellant contended that he did not want to take the ‘emergency approved COVID-19 vaccination’ and risk a vaccine related injury due to his family responsibilities: at [20]. Section 7(O) of the Anti-Discrimination Act 1991 (QLD) prohibits discrimination on the basis of family responsibilities. Therefore, the Appellant submitted the Respondent was in breach of s 15(2) (every person has the right to enjoy the person’s human rights without discrimination) and 15(3) (every person is equal before the law and is entitled to the equal protection of the law without discrimination) of the Human Rights Act 2019 (QLD): at [20].
The Respondent submitted that its decision was fair and reasonable in the circumstance. Furthermore, the Respondent submitted the Appellant has not advised how he believes the Policy is not compatible with human rights: at [22].
The Commission held that potential impact on human rights had been considered in the application of the Policy: at [30]-[31]. Thus, the Respondent’s decision was reasonable: at [31].
