Queensland Police Service reinstate jobs of those who refused Covid-19 vaccination

Queensland police officers who refused to get a Covid-19 vaccination are returning to work after having a major tribunal win.

Police officers sacked for not getting the Covid vaccination

Police officers who refused to get the Covid-19 vaccination – who took the issue to a tribunal after being sacked – are starting to return to their jobs.

Solicitor Justin Sibley said 15 officers represented by his firm in the Queensland Civil and Administrative Tribunal had been reinstated.

Former Commissioner Katarina Carroll announced a vaccine mandate directive in September 2021 and officers faced suspensions or sackings for not complying.

A number of police challenged the directive in court and in December 2022 the directive was revoked but staff remained stood down and suspended.

In February last year, 74 police and QAS staff won their legal fight against the directives with Supreme Court Justice Glenn Martin finding that the Queensland Police Service directive was unlawful and the Queensland Ambulance Service directive was ineffective.

Some employees dismissed took their fight to the Queensland Civil and Administrative Tribunal or the Queensland Industrial Relations Commission, seeking reinstatement.

During the proceedings the QPS indicated the officers would be reinstated, but it’s still unclear if they will get backplay and entitlements.

“After years of uncertainty, confusion and anger for police who had been suspended and then sacked for non-compliance with a devastating vaccination direction which has since been found to be unlawful, this decision by the QPS to give them back their jobs is truly significant,” Mr Sibley said.

“It is also important recognition by the service of the pivotal role it plays in upholding the laws of Queensland.

Queensland Police generic. Picture: Supplied

“It is plainly inconsistent for an organisation such as QPS, whose fundamental responsibility is to uphold the laws of Queensland, to not hold itself to the same level of accountability when its actions are found to be unlawful by the Supreme Court.”

The reinstatement of the officers is separate to a class action filed in the Supreme Court in October by hundreds of sacked, suspended and serving police officers and civilian staff.

One of the 15 officers recently reinstated, who spoke on the condition of anonymity, said the decision by QPS was a “huge relief”.

“At the end of the day, my life was turned upside down simply because I made a personal decision not to be vaccinated,” the officer said.

“Since being suspended in 2021, it’s been extremely difficult and emotional because the career that I’d loved had basically been flushed down the toilet.

“While it’s great to be back at work – it should never have got to this stage, and I’d like to thank Sibley Lawyers for all their hard work.”

The police reinstated had filed an appeal of their disciplinary sanctions within the 28-day statutory review time frame, while seven other sacked officers represented by the firm are waiting a different judgment in the tribunal relating to them challenging their sanctions outside of the time frame.

A generic photo of a Queensland Police officer. Picture: NewsWire / Glenn Campbell

“While the move by the QPS to reinstate some officers reaffirms the principles of accountability and fairness, unfortunately there are still a number of current and former officers who have been impacted by the unlawful directions of QPS and are still waiting for acknowledgment about how QPS will be rectifying the situation,”Mr Sibley said.

“What the QPS did to all its staff, including those who complied with the vaccination mandate under coercion, was unlawful.

“Those who are still outside of the police because they were wrongly terminated, are having that wrong perpetuated. The devastation caused to those officers who did not buckle to the duress has been immense, and they should not be forced to remain in limbo.”

A spokesman for the Queensland Police Service said Acting Commissioner Shane Chelepy had approved the payment of entitlements to a group of QPS members who did not comply with the previous Covid vaccination directions.

“Those members were suspended from the Service without pay when they did not comply with the vaccination directions,” the spokesman said.

“However, their suspensions have since been revoked following a Supreme Court decision in 2024 regarding the Commissioner’s directions.

“The entitlements that these members will now receive include backpay for salary and allowances, and the re-crediting of leave for the period of suspension without pay.

“This decision by the Acting Commissioner, which is in line with legislative requirements, applies to up to 28 members of the Service and has been communicated to some members of the Service at this stage.”The spokesman said the QPS was speaking with others, including those who had current proceedings against the QPS.

“As those processes are ongoing, it is inappropriate to comment further.

“Those 16 officers who filed applications to review their dismissal decisions have been reinstated as part of a Queensland Civil and Administrative Tribunal (QCAT) process.

“The Acting Commissioner is currently considering whether these officers will receive any backpay/entitlements.

“The QPS will consider any applications filed outside the statutory timeframe on their merit and is unable to comment in relation to future applications.

Originally published as Queensland Police Service reinstate jobs of those who refused Covid-19 vaccination