Brailey v State of Queensland (Department of Education)

The matter before the Court was an appeal by Brailey, a Japanese Language Teacher employed by the Department of Education, against a decision that she would not be repaid for the period she was suspended without remuneration. The suspension was mandated by clause 5 of the Department of Education Employment Direction 1/21, which required COVID-19 vaccinations within a specified timeframe. Brailey, who failed to comply with the vaccination mandate, was suspended without pay. After obtaining an exemption on medical grounds, her suspension ended, but the decision not to repay her for the suspension period remained. The central legal issues were whether the decision to withhold remuneration was fair and reasonable and whether the appeal was timely filed.

The Court considered whether the appeal was validly lodged and whether the decision to suspend Brailey without remuneration and subsequently not repay her was fair and reasonable. The Court noted that Brailey's initial appeal notice identified the decision as one about suspension without pay, but subsequent submissions seemed to broaden the appeal to a fair treatment decision. The Court found that the original suspension decision was beyond the 21-day appeal period, and any appeal to that decision would be out of time. However, since Brailey had engaged legal services by mid-January 2022, the Court found that it would have been reasonable for her to be aware of her appeal rights, regardless of whether the Department of Education informed her.

The Court ultimately confirmed the decision not to repay Brailey for the period she was suspended without remuneration, finding it fair and reasonable. The Court held that the Department of Education was justified in enforcing the vaccination mandate and that the decision not to repay Brailey was a consequence of her non-compliance with the Direction. The appeal was dismissed, and the original decision was upheld.

ORDERS:
The decision appealed against is confirmed, meaning Brailey will not be repaid for the period she was suspended without remuneration. The Court's decision stands, and the appeal is dismissed.