Notable cases

Public service employees may request a review and appeal certain decisions that affect their employment.

Appeals can be made against:

  • decisions under a directive, including independent medical examinations, performance improvement plans
  • section 187 discipline decisions finding a disciplinary ground exists
  • suspension without pay decisions
  • promotion decisions, other than non-appealable appointments
  • transfer decisions
  • conversion decisions (non-conversion of a casual or fixed term temporary employee after two years, hours offered on conversion, non-appointment to a higher classification level after two years)
  • fair treatment decisions
  • direction decisions under section 88IA, only to the extent the direction affects an employee.

Periodically the Public Service Commission publishes ‘notable’ cases to provide agencies and employees considering an appeal with information about decisions made by the Queensland Industrial Relations Commission (QIRC). The decisions of the QIRC are only binding between the parties but may be referenced for guidance when considering an appeal.

Note that where the legislation has been amended, some notable cases may lose relevance. As implementation of the public sector employment reforms progresses, the PSC will continue to review and may remove or replace some notable cases.

1. Decisions under a directive

2. Casual employment

3. Temporary employment

4. Promotion

5. Discipline

6. Suspension without pay