Qld Health worker Brian Mathers wins two-year wages after cleared of child-related charges

A public servant has won a legal battle to force Queensland Health to repay his wages during suspension after he was cleared of criminal allegations against a child.

Brian Mathers who works for Queensland Health as a Cook Supervisor at the Redcliffe Hospital. Picture: Supplied

A public servant has won a legal battle to force Queensland Health to repay his wages during suspension after he was cleared of criminal allegations against a child.

Redcliffe Hospital cook supervisor Brian Mathers was awarded salaries for the two years when he was under unpaid suspension after he filed an appeal notice last October to challenge the public health department decision.

Brian Mathers works at Redcliffe Hospital.

Mr Mathers was acquitted by a jury on two charges of making child exploitation material and one charge of possession following accusation of filming a teenage girl at his Newport home on two occasions in a trial at Brisbane District Court, with the case ending after

Mr Mathers was suspended with pay for a month after Metro North Hospital and Health Service, the department that runs Redcliffe Hospital, found out his charges in February 2022, but the department ordered him to stand down without pay following an interim prohibition order issued in March.

Brian Mathers. Picture: Supplied

According to a judgement handed down on Tuesday, Metro North Hospital chief executive Jackie Hanson told Mr Mathers in a letter last September that the hospital did not consider it appropriate to reimburse him the wages after considering the nature of the charges and claiming the probation order prevented him from engaging in any work capacity.

Mr Mathers said in the appeal notice that he disagreed, claiming he was always available to work as he was not “detained” in custody.

“As my human rights have already been breached a number of times during my suspension I ask that this matter be addressed with the utmost importance as it is affecting my human right by denying me the ability to pay my debts, as a result this will shortly affect my financial future,” he said.

Queensland Industrial Relations Commission commissioner Christopher Gazenbeek said in the judgement that the appeal was fair and reasonable, and he was satisfied Mr Mathers was available to work during the period.

“The disciplinary action taken against the appellant did not result in the termination of his employment; rather, Mr Mathers returned to the workplace on August 29, 2024 following a decision to lift his suspension,” he said.

“He did not physically absent himself from work, but rather was prevented from working due to an intervening statutory prohibition.”

He ordered Queensland Health to repay Mr Mathers his entitlements during his unpaid suspension between March 21, 2022 and May 11, 2024.

Metro North Hospital and Health Service refused to comment due to privacy and confidentiality.