Appeal a decision affecting your employment

• Action taken or not taken under a directive (e.g. Independent medical examinations directive).
• Disciplinary action taken under a disciplinary law.
• Decisions by the Public Sector Commissioner to direct an agency to fix a defect in the procedural handling of a work performance matter (e.g. suspension, discipline, workplace investigation).
• Suspension without pay.
• Promotion (other than non-appealable appointments).
• Transfer.
• Conversion, or lack of conversion, to a permanent role (e.g. non-conversion of a casual or fixed term temporary employee after 2 years, hours offered on conversion, non-employment to a higher classification level after 2 years, non-suitability)
• Fair treatment.

See sections 129  and 131 of the Public Sector Act 2022.

Read the Appeals directive.

Consider other relevant review options, including:

• your agency’s internal review or employee grievances process (see the Individual employee grievances directive)
• a Public Sector Commission review (for procedural aspects of a work performance matter)
• a complaint to the Ombudsman
• a complaint to the Human Rights Commission
• a Judicial review under the Judicial Review Act 1991.

You should also read and consider the relevant notable cases.

Request a Public Sector Commission review

Public Sector employees can request a Public Sector Commission (PSC) review of procedural aspects relating to an agency’s handling of a current work performance matter (e.g. suspension, discipline or workplace investigation).

The matter must not:

• be for corrupt conduct
• have been resolved in a way that can be appealed under Chapter 3, part 10 of the Public Sector Act 2022.

The employee must:

• believe that the agency has not complied with a relevant directive or principles of natural justice
• have used their agency's internal review or employee grievances process
• be dissatisfied with the outcome of their agency's internal review or employee grievances process.

Email the PSC at employeereview@psc.qld.gov.au for more information and a link to the Review request form.

The PSC will evaluate your request and determine if they can conduct a review. If they conduct a review, they’ll produce a report including any recommendations and directions on how to fix any defects in the procedural process. They’ll send any recommendations and directions to your chief executive.

If the PSC chooses not to conduct a review or the outcome of the review is not to your satisfaction, you can submit a complaint to the PSC, Ombudsman or Human Rights Commission, or submit an appeal.

Consider the relevant notable cases before you submit an appeal. These decisions were made under previous legislation and are only binding on the parties involved, but they may help inform your decision.

Decisions under a directive

• Relevant considerations when considering an application for a VMR (DOC, 162 KB)

Casual employment

• Casual Employment – “regular and systematic” (PDF, 241 KB)

Temporary employment

• Nature of project may be a genuine operational reason (PDF, 110 KB)
• Katae v State of Queensland (PDF, 167 KB)
• Qualifying Service (DOCX, 96 KB)
• Examination of other roles (DOCX, 98 KB)
• Conversion of a temporary employee to permanent; consideration of ongoing funding (DOCX, 87 KB)
• Agency's failure to properly apply directive resulted in temporary employment decision being not fair and reasonable (DOC, 162 KB)
• Disciplinary action and the Temporary Employment Directive (DOC, 157 KB)

Promotion, recruitment and selection

• Conflict of interest–employee sought to influence recruitment process (PDF, 146 KB)
• Potential bias in promotion process 1 (DOC, 159 KB)
• Potential bias in promotion process 2 (DOC, 158 KB)
• Reviewability of selection decisions and process deficiency in recruitment and selection (DOC, 168 KB)
• Confidentiality in a recruitment and selection process (DOC, 160 KB)
• Fair interview process – applicant provided with the wrong interview questions (DOC, 157 KB)
• Inappropriate considerations when making a promotion decision; panel members socialising with applicants at work events (DOC, 163 KB)
• Potential conflict of interest; unevenly weighted recruitment process (DOCX, 88 KB)
• Use of the same or similar questions in recruitment processes (DOC, 161 KB)

Discipline

• Open to the decision-maker to make a post-employment disciplinary declaration (PDF, 146 KB)
• Disciplinary action of reduction in classification level and consequential change of duties (DOC, 161 KB)
• Ceasing penalty payments not a consideration in determining whether disciplinary action is fair and reasonable (DOC, 157 KB)
• Misuse of an employee's official position (DOC, 157 KB)
• Appropriate use of transfer as a disciplinary action; and combining misconduct and breaches of Code of Conduct under section 187 of the Act (DOC, 160 KB)
• Unacceptable length of time for discipline decision resulted in reduction in disciplinary action (DOC, 158 KB)
• Agency's delay in issuing show cause notice prior to making disciplinary declaration decision was not significant to influence outcome on appeal (DOC, 160 KB)
• Recording workplace conversations (DOCX, 122 KB)
• Impact of employee co-operation on disciplinary penalty (DOC, 159 KB)
• Conflict of interest; constructive steps must be taken to rehabilitate a disciplined employee (DOCX, 89 KB)
• Discipline decisions can be made on the balance of probabilities where there is no corroborating evidence (DOCX, 87 KB)

Suspension without pay

• Consideration of financial impact when employee suspended without pay (PDF, 151 KB)
• Factors that affect the fairness and reasonableness of a suspension without pay (PDF, 150 KB)
• Reasonable notice to respond to proposed suspension without pay (PDF, 165 KB)
• When is an employee liable to discipline? (PDF, 165 KB)

Submit an appeal by visiting the Queensland Industrial Relations Commission’s (QIRC)’s Public service appeals page. The commission handles all public service appeals in accordance with the Industrial Relations Act 2016.

You must be eligible to appeal as per Section 133 of the Public Sector Act 2022.

You must appeal a decision within an appropriate amount of time as determined by the QIRC (usually within 21 days of the decision).

See the Appeals directive for more specific rules about appeal entitlements and requirements for the appeal process.

Read our annual report on appeals submitted by Queensland Government employees. Find out about the appeals employee’s submitted and their outcomes:

• 2019-20 appeals annual report (PDF, 1021.8 KB)
• 2018-19 appeals annual report (PDF, 934.1 KB)
• 2017-18 appeals annual report (PDF, 376.8 KB)
• 2016-17 appeals annual report (PDF, 229.6 KB)
• 2015-16 appeals annual report (PDF, 316.8 KB)
• 2014-15 appeals annual report (PDF, 530.7 KB)
• 2013-14 appeals annual report (PDF, 459 KB)
• 2011-12 and 2012-13 appeals annual report (PDF, 586.1 KB)
• 2010-11 appeals annual report (PDF, 438.8 KB)