Dozens of teachers face QIRC to appeal pay cut penalties over vaccine mandate

More than 50 Queensland teachers will swap their classrooms for the courtroom today in one of the biggest challenges over vaccine mandates.

More than 50 teachers will swap their classrooms for courtrooms today to take on the state government in a bitter row after they were stood down without pay for six months because they refused to have Covid vaccinations.

On Friday, the Industrial Registry issued 57 teachers notices to appear before the Queensland Industrial Relations Commission this week to present their cases against the Education Department.

The mentions, before Industrial Court Vice-president Daniel O’Connor, are appeals against disciplinary decisions made against the teachers who refused to get Covid vaccines.

The teachers are expected to argue that the pay cuts and penalties they received were unreasonable and disproportionate to Education Queensland’s serious misconduct finding.

Another aspect to their argument will be that they all received the same penalty regardless of their individual circumstances.

The Industrial Court Registry listing for today.

The registry emails, sent after 2.30pm on Friday, said all named parties were required to attend in person or via telephone.

That gave some rural teachers less than three hours before a long weekend to book flights to Brisbane for the preliminary hearings.

Those who wanted to attend the mentions via telephone had four hours to book their request with the commission.

The teachers launched their appeals against the state after the Education Department in August docked the pay over 18 weeks of 900 staff who refused to have Covid vaccinations.

Pay packets of sidelined teachers, who are now back at work, were cut by between $800 and $1730 over the 18 weeks or between $25 to $90 a week.

The pay docking followed six months of no pay as the teachers were barred from entering school grounds without vaccination records.

Suspended school staff received a terse 10-page letter in June threatening them with “disciplinary findings” if they did not get Covid vaccinations within a two-week time frame.

An Education Department spokesperson said the department would be responding to the matters in the QIRC, which scheduled the hearings.

“Previous decisions by the QIRC have supported the department’s actions in implementing this direction,” the spokesperson said.

Industrial advocate assisting the teachers Chris Dekker said Tuesday’s hearings were a chance for the unvaccinated teachers to put their personal cases forward and present their evidence.

Mr Dekker, who works for Teachers Professional Association of Queensland, said it was extraordinary for a mention to be provided for so many appellants with less than one business day of notice.

“We were surprised at such a short turn around and were a bit taken aback with the four-hour window to reply and ask for a phone appearance,” Mr Dekker said.

“It is difficult to advise so many people all at the same time who are not familiar with industrial law and are representing themselves but all have unique factors which must be presented to the commission for consideration.

“It is important for these teachers to attend as the Education Department has already provided submissions requesting their appeals be thrown out because the government alleges they are frivolous.

“We are still waiting on evidence under the Freedom of Information Act and the Education Department’s attempt to throw this matter out is premature.”

Teacher Julieann said she was dismayed at being forced to abandon her first day of school for Term 4 to attend the mention.

“My date is the first day back at school at midday,” she said.

“I am just checking in advance at what could possibly be pushback from the schools.”

Queensland Teachers’ Union president Cresta Richardson congratulated the teachers who were vaccinated and said they had delivered quality education during Covid.

Queensland Teachers’ Union president Cresta Richardson would not comment on specifics but congratulated the state school teachers who got vaccinated.

“The QTU is the peak body representing the overwhelming majority of Queensland state school teachers and commends members who have delivered quality education during the pandemic,” she said.

“The QTU has always clearly informed members of the legal requirements and expectations set out by their employer, the Department of Education.”

Education Queensland was contacted for comment.