Chivers v State of Queensland

In the case of Chivers v State of Queensland, the applicant, Rebecca Louise Chivers, a registered nurse, brought a complaint against the respondent, the State of Queensland, alleging unlawful workplace discrimination based on her impairment. Chivers, who had a medical condition that prevented her from working night shifts, claimed she was treated less favourably when her probationary employment period was extended and subsequently not confirmed due to her inability to work across all shifts. The central issue before the court was whether the requirement for registered nurses in 24/7 wards to be capable of working all shifts constituted a genuine occupational requirement and whether such a term was reasonable.

The court considered the nature of the role and the necessity for nurses in 24/7 wards to be available for all shifts, acknowledging the importance of maintaining adequate staffing levels to ensure patient safety and continuity of care. However, it also examined whether Chivers' impairment, which prevented her from working night shifts, constituted a genuine barrier that could not be reasonably accommodated. The court concluded that the requirement to work across all shifts was not a genuine occupational requirement and that the inability to work night shifts was a reasonable accommodation that the employer should have considered.

Consequently, the court ruled in favour of Chivers, finding that the State of Queensland had unlawfully discriminated against her. It ordered the State to pay Chivers compensation of $20,700. Additionally, the court mandated the filing of written submissions on costs by both parties, specifying deadlines for the submission and response.