Flori v Carroll

[2022] QIRC 34

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Flori v Carroll and Anor [2022] QIRC 034

PARTIES:

Flori, Ricky
(Complainant)

v

Katarina Carroll
(First Respondent)

and

State of Queensland (Queensland Police Service)
(Second Respondent)

CASE NO.:

AD/2020/115

PROCEEDING:

Application in existing proceedings

DELIVERED ON:

11 February 2022

HEARING DATE:

8 December 2021 and on the papers

MEMBER:

HEARD AT:

Merrell DP

Brisbane

DATES OF WRITTEN SUBMISSIONS:

Respondents' written submissions filed on 15 December 2021 and Applicant's written submissions filed on 12 January 2022.

ORDERS:

1.    The Respondents' application in existing proceedings is dismissed.

2.    The Respondents file in the Industrial Registry, and serve on the Complainant, a list of objections to the Complainant's affidavits filed on 6 December 2021 and 18 January 2022 ('the Complainant's affidavits'), reasons for the objections and any submissions in support of those objections by 4.00 pm on Friday, 25 February 2022.

3.    The Complainant file in the Industrial Registry, and serve on the Respondents, his responses to the Respondents' objections to the Complainant's affidavits, and any submissions in support of those responses, by 4.00 pm on Friday, 11 March 2022.

4.    Unless otherwise ordered, any objections to the Complainant's affidavits be determined on the papers.

5.    The Complainant's claim for orders under the Anti-Discrimination Act 1991 be heard on a date to be fixed.

CATCHWORDS:

COMMUNICATIONS LAW - WHISTLEBLOWER PROTECTION AND PUBLIC INTEREST DISCLOSURE LEGISLATION - Complainant a former police officer who resigned from the Queensland Police Service - Complainant commenced civil proceedings alleging reprisal for a public interest disclosure purportedly made by him within the meaning of the Public Interest Disclosure Act 2010 prior to Complainant's resignation - following Complainant's resignation, Complainant emailed the First Respondent to obtain certain service honours and awards - First Respondent deferred making a decision to issue the honours and awards sought by Complainant because of findings of fact that may be made in the civil proceedings that may affect assessment of Complainant's eligibility - Complainant made complaint to the Queensland Human Rights Commission alleging contravention by the Respondents of the Public Interest Disclosure Act 2010, contending that the decision to defer the issuing of honours and awards was a reprisal within the meaning of s 40(1)(b) of the Public Interest Disclosure Act 2010 - complaint accepted by the Queensland Human Rights Commission - Queensland Human Rights Commission referred the complaint to the Queensland Industrial Relations Commission pursuant to s 166(1)(a) of the Anti‑Discrimination Act 1991 - Complainant seeks various orders and other relief under the Anti-Discrimination Act 1991 to remedy alleged reprisal - interlocutory application by Respondents that the Queensland Industrial Relations Commission, pursuant to s 193A of the Anti-Discrimination Act 1991, transfer matter to the Queensland Civil and Administrative Tribunal because the complaint is not a work-related matter - Complainant's complaint is a work‑related matter - Respondents' application in existing proceedings dismissed - orders made for hearing of Complainant's claim for various orders and other relief under the Anti‑Discrimination Act 1991

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