Daley v State of Queensland (Department of Education)

In Daley v State of Queensland (Department of Education), the respondent, employed as a Senior Teacher by the Department of Education, challenged the imposition of disciplinary penalties following their non-compliance with Employment Direction 1/22, which mandated COVID-19 vaccinations. The appellant did not receive the first dose by 17 December 2021, the prescribed number of doses by 23 January 2022, and provide evidence of vaccination by 24 January 2022. Consequently, the respondent faced a reprimand and a reduction in remuneration for 18 weeks. The primary legal issues centred on whether the disciplinary actions were justified under the circumstances and whether the appeal had any prospects of success.

The court examined whether the disciplinary measures were proportionate and whether the respondent's actions constituted a valid ground for such penalties. The court noted that similar submissions had been raised and dismissed by other appellants previously. Given the clear requirement under Employment Direction 1/22 and the appellant's deliberate non-compliance, the court found that the respondent had a valid basis for imposing the penalties. The court concluded that the appeal did not present a reasonable prospect of success due to the well-established nature of the issues and the compliance requirements.

Consequently, the court dismissed the appeal, finding no grounds to interfere with the respondent's decision. The appeal was dismissed pursuant to section 562A(3) of the Industrial Relations Act 2016 (Qld). The court's decision underscored the importance of adhering to public health directives and the authority of the respondent to enforce compliance within the workplace.