Baskin v State of Queensland (Department of Education)

Mr. Baskin, a teacher employed by the Department of Education in Queensland, was charged with various drug-related offences under the Drugs Misuse Act 1986, including trafficking and supplying dangerous drugs. Following these charges, Mr. Baskin was initially suspended with normal remuneration and subsequently faced suspension without remuneration. Mr. Baskin appealed against this decision, arguing that it was neither fair nor reasonable. The court was tasked with determining whether Mr. Baskin's appeal was competent and whether the decision to suspend him without remuneration was fair and reasonable.

The legal issues before the court were twofold: firstly, whether Mr. Baskin's appeal was properly lodged under the Public Service Act 2008 (PS Act); and secondly, whether the decision to suspend Mr. Baskin without remuneration was fair and reasonable. The court had to interpret the meaning of "decision" as it appears in s 194(1)(bb) of the PS Act to determine if Mr. De'Ath's correspondence dated 25 May 2022 constituted a decision subject to appeal. Additionally, the court assessed the fairness and reasonableness of the suspension decision based on the statutory criteria and the evidence presented.

The court determined that Mr. Baskin's appeal was not procedurally sound as he failed to file and serve his written submissions by the designated date, although he did so later. Despite this procedural lapse, the court proceeded to examine the substantive issues. The court held that Mr. De'Ath's letter constituted a decision within the meaning of s 194(1)(bb) of the PS Act, as it was a final and operative resolution of the issue of suspending Mr. Baskin without remuneration. The court also found that the decision to suspend Mr. Baskin without remuneration was fair and reasonable, taking into account the seriousness of the criminal charges against him and the consideration of all reasonable alternatives as required by s 137(3) of the PS Act. The decision to suspend Mr. Baskin without remuneration was confirmed as fair and reasonable.

Pursuant to s 562C(1)(a) of the Industrial Relations Act 2016, the court confirmed the decision to suspend Mr. Baskin without remuneration from 25 May 2022 until 25 November 2022.