O'Brien v State of Queensland (Queensland Health)
[2023] QIRC 172
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- Unreported Judgment
- O'Brien v State of Queensland (Queensland Health)[2023] QIRC 172
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O'Brien v State of Queensland (Queensland Health)[2023] QIRC 172
O'Brien v State of Queensland (Queensland Health)[2023] QIRC 172
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | O'Brien v State of Queensland (Queensland Health) [2023] QIRC 172 |
PARTIES: | O'Brien, Melissa (Appellant) v State of Queensland (Queensland Health) (Respondent) |
CASE NO: | PSA/2023/107 |
PROCEEDING: | Public Sector Appeal – Appeal against a promotion decision |
DELIVERED ON: | 12 June 2023 |
MEMBER: | Pidgeon IC |
HEARD AT: | On the papers |
ORDER: | The Appellant’s application to allow her appeal to be started within a longer period is allowed. |
CATCHWORDS: | PUBLIC SECTOR – EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY – public sector appeal – appeal against a promotion decision – appeal lodged out of time – whether extension of time should be granted – extension of time allowed |
LEGISLATION AND OTHER INSTRUMENTS: | Industrial Relations Act 2016 (Qld) s 564 Appeals (Directive 04/23) cl 10 |
CASES: | Cullen v State of Queensland (Queensland Health) [2021] QIRC 258 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 |
Reasons for Decision
- [1]Mrs Melissa O'Brien (‘the Appellant’) is employed by the State of Queensland (Queensland Health) (‘the Respondent’). Her substantive role is that of an AO6 Business Development Manager in the Health and Wellbeing Service Group based in Townsville.
- [2]Mrs O'Brien appeals a promotion decision to the role of Regional Coordinator, North Queensland Referral Hub, Allied Health Projects, Allied Health Service Group, Townsville Hospital and Health Service, classification level AO7.
- [3]The appointment to the vacancy was notified in the Queensland Health Services Bulletin No. 1603 on 28 April 2023 under the reference ‘TV472458’ (‘the Bulletin’).[1] The appointment of the successful candidate took effect on 6 April 2023.
- [4]The Appellant seeks an extension to the 21-day appeal period to file her Appeal Notice as there have been delays to the scheduling of a feedback session. Mrs O'Brien relevantly states:
I am firstly seeking an extension to the appeal time frame as there have been delays to scheduling a feedback session.
I initially requested to schedule feedback on 28/4/23 and despite confirmation that it would be scheduled, it did not occur. I then followed up on 25/5/23 and was advised 29/5/23 it would be scheduled on 7/6/23. I sought advice via phone and email from HR on 29/5/23 on seeking feedback and further considerations on timing and approach. I requested my feedback meeting be brought forward and was advised that scheduling did not permit this.
Additionally I was on emergent leave from the organisation between 10-19 May 2023 due to work related issues (disclosed to the organisation).
- [5]On 2 June 2023, I directed the parties to make submissions regarding Mrs O'Brien’s application for an extension of time to file her Appeal Notice.
- [6]The Respondent wrote to the Industrial Registry on 9 June 2023 advising that it did not seek to make submissions regarding the extension of time. I asked the Registry to email the parties to confirm whether the Appellant intended to file submissions, or whether she sought to rely upon the explanation provided in her Appeal Notice. Mrs O'Brien confirmed that she was content to rely upon her explanation at [4] above.
- [7]I have therefore determined to decide Mrs O'Brien’s request for an extension on the material already filed.
- [8]A member of the Queensland Industrial Relations Commission (‘the Commission’) may allow an appeal to be started within a longer period.[2]
- [9]The Appellant bears the onus of convincing the Commission to depart from the ordinary time limitations and hear the Appeal out of time.[3]
- [10]It seems clear to me that Mrs O'Brien sought to avail herself of feedback as required prior to lodging a promotion appeal. The Respondent has not filed submissions to contradict Mrs O'Brien’s explanation for the delay in filing her appeal.
- [11]Clause 10.4 of the Appeals (Directive 04/23) provides that a public sector employee is only entitled to appeal a promotion decision where:
10. Promotion decision appeal
…
10.4 Further to clause 10.3, a public sector employee is only entitled to appeal a promotion decision:
…
d. the aggrieved employee has sought post-selection feedback in accordance with the relevant provisions of the directive relating to recruitment and selection…
- [12]I also note that Mrs O'Brien had a short period of emergent leave in the period following the notification of the vacancy. Again, the Respondent has not sought to contradict this explanation.
- [13]The Appeals Directive requires that an appellant seek post-selection feedback in order to be entitled to appeal the promotion decision. I am satisfied that Mrs O'Brien took appropriate steps to seek feedback in a timely way prior to lodging her promotion appeal and that she has provided an acceptable explanation for the delay.
Order
- [18]Accordingly, I make the following order:
- The Appellant’s application to allow her appeal to be started within a longer period is allowed.