Thorley v State of Queensland (Department of Education) [2022] QIRC 133
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Title
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Thorley v State of Queensland (Department of Education) [2022] QIRC 133
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Date
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April 6, 2022
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Summary
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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 decision maker 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.
