Vaccine mandate decision gives hope to teachers who had pay docked

A landmark Supreme Court decision has given hope to hundreds of teachers who had their pay docked after being found to have engaged in serious misconduct because they had not been fully vaccinated.

Teachers at a rally against the vaccine mandate in 2022. Picture: TPAQ

Hundreds of state teachers found to have engaged in serious misconduct for failing to get Covid vaccines, are stepping up their legal challenge before the state’s industrial court after a landmark Supreme Court ruling this week.

In its decision, the Supreme Court found that COVID-19 mandates failed to consider the human rights of frontline Queensland Police Service staff and Queensland Ambulance Service officers.

Tuesday’s ruling gave hope to other state government employees, including teachers, who were stood down for not being fully vaccinated during the pandemic.

Teachers Professional Association of Queensland president Scott Stanford said the Supreme Court ruling would now allow teachers’ human rights cases before the Queensland Human Rights Commission “to move ahead unencumbered by previous government legislation”.

“This means that our members are now more confident of being able to bargain for remuneration that was lost when they were stood down and for ongoing docking of pay over six months.”

Teachers at a rally against mandates outside Parliament House in 2022. Picture: Contributed

A spokesperson for Education Queensland said the department and its directions regarding Covid-19 mandatory vaccinations, were not subjected to the Supreme Court application, proceedings or this week’s court decision.

“The decision is being reviewed to determine what, if any, impact the decision may have that the department needs to consider,” the spokesperson said.

“The chief health officer’s directive, mandating Covid-19 vaccinations for staff, was repealed on June 30, 2022.

“Since that time, unvaccinated staff have returned to the workplace.

“The department did not terminate the employment of any staff member due to non compliance.”

More than 900 teachers were found to have committed serious misconduct by not being fully vaccinated in a Queensland Education decision in August 2022.

Four weeks later, about 200 of those teachers challenged the decision, lodging complaints with the Queensland Industrial Relations Commission.

One test case proceeded through the commission but was lost on the grounds that the mandate was valid.

Since then, the commission has not heard any of the other teachers’ cases.

It is believed many of those cases before the QIRC were withdrawn in January after Education Queensland sent a Crown law letter to the appellant teachers telling them they had “limited to no prospect of success”.

An excerpt of a letter sent to teachers found to have engaged in serious misconduct for not being fully vaccinated. Picture: Contributed

The teachers who still have cases before the commission are now waiting to hear when their next QIRC hearing is scheduled.

Jessica Rigby, whose partner, a southside teacher, lost eight months of pay, estimated to be approximately $57,000, said this week’s decision gave hope to teachers who had lost money.

“The Department of Education must have used the same decision making process as the departments who made the decision in the police and ambulance services case,” she said.

“Because of this, we now know the mandates were made without consideration of the teachers’ human rights.

“This decision changes everything.”

Health Minister Shannon Fentiman said the government was still considering Tuesday’s Supreme Court decision.

Ms Fentiman said Justice Glenn Martin’s judgment was a “very technical decision” around employment contracts and the way the heads of Queensland Police and Queensland Ambulance made directions to employees.

“(Justice Martin) did not find that mandatory Covid vaccinations were contrary to the Human Rights Act. He found that the limit on human rights was justified because of the pandemic.

“It was a decision about how directions were issued, not the fact that mandatory Covid vaccinations were contrary to human rights.”