Schimke v State of Queensland (Queensland Fire and Emergency Services) [2020] QIRC 205
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Title
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Schimke v State of Queensland (Queensland Fire and Emergency Services) [2020] QIRC 205
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Date
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November 27, 2020
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Summary
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This case concerned an application to review the respondent’s decision to refrain from converting Ms Schimke’s employment from fixed-term temporary status to permanent status, as a substantial incumbent was returning to the role on a full-time basis. Ms Schimke appealed this decision on the grounds that it did not align with the relevant policy directive, Directive 09/20 Fixed term temporary employment (‘the Directive’), which clarified the process of converting fixed-term temporary employment to permanent employment: at [3].
The Directive noted that decision-makers were obliged, under the Human Rights Act 2019 (Qld), to act and make decisions in a way that was compatible with human rights and to give proper consideration to human rights: at [6]. The Commission reproduced this clause in the reasons for decision, but there was no further discussion of the Human Rights Act 2019 (Qld).
The Commission considered that the decision not to convert Ms Schimke’s position was fair and reasonable in the context of the considerations provided by the Public Service Act 2008 (Qld): at [15]-[16].
The Commission upheld the respondent’s decision and dismissed the appeal.
