Miller v State of Queensland (Department of Education)

In the matter of Miller v State of Queensland (Department of Education), the appellant, employed as a cleaner by the Department of Education, contested the decision to suspend her without pay for failing to comply with a direction to receive a first dose of a COVID-19 vaccine by 17 December 2021. The appellant's appeal was lodged outside the statutory 21-day period and she subsequently applied for an extension to commence her appeal. The court was tasked with determining whether the appellant's application for a longer period to start her appeal should be granted, considering the delay and the prospects of success of her appeal.

The court considered the factors relevant to exercising its discretion under section 564(2) of the Industrial Relations Act. The primary consideration was the delay in lodging the appeal, which was 14 days beyond the statutory limit. The court also examined whether the appellant provided an acceptable explanation for her delay. Additionally, the court assessed the appellant's prospects of success in the substantive appeal. The court concluded that the delay was significant, the appellant did not offer a satisfactory explanation for her delay, and her prospects of success in the appeal were very low.

The court found that, in exercising its discretion, it was not necessary to allow the appellant a longer period to start her appeal. The fundamental objective in doing justice between the parties was not met by extending the time for the appeal. The court emphasised that the appellant's failure to provide an acceptable explanation for her delay, coupled with her low prospects of success, supported the refusal of the application for an extended period to commence the appeal. Consequently, the court ruled that the appellant's application for a longer period to start her appeal was refused.

The final order of the court was that the appellant's application for a longer period to start her appeal was refused. This decision effectively barred the appellant from proceeding with her appeal beyond the statutory time limit, as her application for an extension was denied.