Worker argues his approved leave to address health issues should be counted
The Queensland Industrial Relations Commission recently dealt with a worker’s appeal, challenging his failed conversion to a permanent employee at a higher position.
The employer argued that the worker was ineligible because there was a period that he didn’t perform his role, but the worker said it should still be counted.
The worker was employed by the State of Queensland's Fire and Emergency Services. He wanted to appeal his employer's decision not to convert him to a permanent role under certain provisions of the Public Service Act (PS Act).
The worker served as a station officer leader and area commander from May 17, 2022, to May 17, 2023, and sought to appeal a decision denying his request for conversion to permanent employment at the higher classification level.
Interrupted work period?
According to records, his appeal was based on the grounds that he had acted in the position of Acting Inspector from May 17, 2022, to May 17, 2023, although it was interrupted by a period of approved leave for cancer treatment.
The employer cited reasons for denying the worker's request, primarily noting that he had not completed 12 months of continuous relieving in the role due to the cessation of his higher duties on May 17, 2023, and his non-performance of the role at that time.
On the other hand, the worker argued that his leave for cancer treatment should have been counted towards his acting period, making him eligible for conversion.
Appeal’s procedural issues
The Commission ruled in favour of the employer, highlighting that the worker's appeal was not appealable under the PS Act.
The Act specifies that decisions regarding the appointment of a public sector employee to a higher classification level, when the employee has been acting at that level for less than two years, are not appealable.
As the worker had not completed two years in the higher classification role, his appeal did not fall under the jurisdiction of the Commission and was filed inappropriately.
In light of this decision, the worker was advised to resubmit his request for appointment at the higher classification level in the future, should he become eligible according to the provisions of the relevant law.
Ultimately, the Commission concluded that his appeal was not within its jurisdiction to hear, as it was precluded by the relevant provisions of the PS Act. Therefore, the appeal was dismissed, and no further action was taken.
