Clayton v State of Queensland (Department of Transport and Main Roads)

Clayton lodged a grievance against another employee alleging workplace bullying. The grievance was assessed and it was decided that the alleged conduct did not amount to workplace bullying. Clayton sought an internal review of this decision. The internal review found that the grievance decision was fair and reasonable. Clayton then appealed this internal review decision. The court had to decide whether the internal review decision was fair and reasonable.

The court found that not all the entries on the spreadsheet were investigated, including calling witnesses where referenced in the spreadsheet. The court found that the internal reviewer failed to consider the fact that not all the entries on the spreadsheet were investigated and that witnesses were not called where referenced in the spreadsheet. The court found that this was not a fair and reasonable decision. The court found that some aspects of the internal review decision were not fair and reasonable. The decision appealed against was set aside and a new decision was substituted.

The court ordered that the decision appealed against was set aside and a new decision was substituted. The new decision was the decision referred to in paragraph [75] of the reasons for decision.