Schubert v State of Queensland (Queensland Health)

The appeal in Schubert v State of Queensland (Queensland Health) was heard by the Commission concerning a decision regarding a complaint of improper workplace conduct made by the appellant, Mr Schubert, against the respondent, the State of Queensland, through its agency Queensland Health. The complaint was investigated and substantiated through an internal review process, leading to appropriate actions being taken. Mr Schubert appealed this decision, contending that it was not fair or reasonable.

The central legal issue before the Commission was whether the decision by Mr Green, which substantiated the complaint and confirmed that appropriate actions had been taken, was fair and reasonable. The Commission had to consider the evidence presented, the internal review process, and whether the actions taken by Queensland Health were sufficient in response to the substantiated conduct.

The Commission determined that the decision was fair and reasonable. Both the Stage 1 grievance and the Stage 2 internal review found that the conduct had occurred and that appropriate action had been taken. The Commission found that Mr Schubert had not provided clear grounds for considering the decision unfair or unreasonable, particularly as he had not clearly indicated that he expected broader ramifications from his complaint. The Commission concluded that it was reasonable for the decision-maker to focus on the specific incident of 4 May 2023, rather than any broader issues that Mr Schubert had not clearly articulated.

The Commission confirmed the decision under review, finding it to be fair and reasonable in the circumstances presented.