Borough v State of Queensland (Department of Environment and Science)

The case of Borough v State of Queensland (Department of Environment and Science) involved the Applicant, who was employed as a Senior Environmental Officer, and the Department of Environment and Science. The Applicant's employment was terminated on 4 March 2022, following his non-compliance with a directive to be fully vaccinated against COVID-19. The Applicant applied for an exemption from the mandatory vaccination requirements, citing concerns about the safety and efficacy of the vaccines, but did not provide sufficient evidence to support his request. The Department refused the exemption application, and the Applicant did not seek a review of that decision. The central issue before the court was whether the Applicant was entitled to payment of proportionate payment of long service leave, despite his employment being terminated due to his conduct.

The court considered whether the Applicant was dismissed for a reason other than his conduct. The Applicant did not dispute that his dismissal was due to his conduct in not complying with the mandatory vaccination policy. The court held that the Applicant's termination was a result of his conduct, and thus, he was not entitled to payment of proportionate payment of long service leave.

The court dismissed the application, finding that the Applicant was not entitled to payment of proportionate payment of long service leave. The decision to terminate the Applicant's employment was a result of his conduct, and there was no evidence to suggest that the dismissal was for a reason other than his conduct. Therefore, the Applicant's application was dismissed, and he was not entitled to the payment of proportionate payment of long service leave.