Crown lawyer letter tells anti-vax teachers to ditch legal action against Education Queensland

Queensland teachers, found guilty of serious misconduct for failing to get Covid vaccines, have been sent letters from the state’s Crown Solicitor urging them to drop legal action against the Education Department.

Queensland teachers rally over the Covid vaccine mandate in 2022 and; inset; an excerpt of a letter sent this week to teachers who are appealing being found guilty of serious misconduct because they refused Covid vaccinations.

Up to 200 Queensland teachers, found guilty of serious misconduct for failing to get Covid vaccines, have been sent letters from the state’s Crown Solicitor urging them to drop legal action against the Education Department.

The letter, from Senior Principal Lawyer Nicola Smith, also advises the teachers their civil appeal is unlikely to succeed and asks them to end the legal action before the Queensland Industrial Relations Commission.

It gives them a deadline to withdraw of February 12, which is days after the Supreme Court of Queensland is expected to review similar action taken by dozens of police officers on February 1.

“Based on the previous decisions of the Commission, your appeal has limited to no prospects of success,” the letter said.

“There is also a possibility that, should you continue with your appeal and not be successful, you could be ordered to pay the department’s legal costs of responding to the appeal.

“I invite you to review the decisions and discontinue your appeal.”

Ms Smith also included a blank copy of a Form 27 Request to Discontinue Proceeding for the teachers to fill out.

Queensland teachers rally against a Covid vaccination mandate in 2022. Picture: TPAQ

The appeals, last before Industrial Court Vice-president Daniel O’Connor in October 2022, were against disciplinary decisions and penalties made against the teachers for refusing Covid jabs.

The teachers lodged the appeals in September 2022, after being found guilty of serious misconduct in August 2022 for refusing the state direction.

The state government lifted the Covid vaccine mandate for education staff on June 30, 2022.

An estimated 4000 school staff were sacked or stood down for Covid-related issues including for refusing to get vaccinations.

More than 1000 suspended Education Queensland staff were warned of the penalties and disciplinary action in a terse 10-page letter from the department in June 2022.

But only about 200 teachers challenged the findings and associated penalties which included temporarily cutting back wages to a lower pay grade for six months and having the serious misconduct charges registered against their employment record.

A southeast Queensland teacher, who declined to be named, said they were one of many who would not drop the appeal and would pursue the court action in an effort to clear their names.

“For not having the Covid vaccinations, I am being tarred with the same brush as those who sexually molested students or failed in their duty of care.

“How does the Crown know that my personal circumstances have limited prospects of QIRC success? My matter has not even been heard in the 18 months since it was filed.”

Dozens of police officers and health workers are also challenging vaccine mandates enforced by the Queensland government in the state’s Supreme Court.