Redcliffe Special School teacher Eugenia Ollenburg loses appeal over cyclone pay
A Redcliffe teacher has lost her appeal for special leave during a cyclone-related school closure, with the Industrial Commission ruling her long-service leave remained valid.
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A Redcliffe special school teacher has lost her battle to reclaim long-service leave after her school was shut due to Cyclone Alfred, with Queensland’s industrial umpire ruling the Education Department had acted fairly.
Experienced teacher Eugenia Ollenburg took her case to the Queensland Industrial Relations Commission after being denied special paid leave for March 6, 7 and 10, when Redcliffe Special School was closed during the severe weather event.
Ms Ollenburg had been on pre-approved long service leave at half pay from January 28 to April 4, but argued she should not have lost leave days during a period when all staff were instructed not to attend.
She lodged a formal grievance after being denied special leave and later asked the Education Department for an internal review of that decision.
She argued that the government’s leave rules did not clearly explain what should happen when someone was already on leave and their workplace closed unexpectedly.
Ms Ollenburg said the process was confusing and unclear, and told the court registry she didn’t know what steps to take or who to ask for help.
“I still don’t know what I should do … It really would have been nice if somebody just told me,” she said.
Emails from senior education department staff, cited in the ruling, showed Ms Ollenburg was told that pre-approved leave could not be amended to special leave even during emergency closures.
One HR adviser wrote that “discretionary special leave is not an automatic entitlement”.
In dismissing the appeal, Industrial Commissioner Peter O’Neill said Ms Ollenburg was on pre-approved leave at the time and was not expected to work.
He found Ms Ollenburg’s colleagues rostered to work during the closure were paid special leave but only because they had been expected to attend.
“There was never an expectation or requirement for the appellant to attend work on 6, 7 and 10 March 2025 as a consequence of her decision to take an extended period of long service leave,” he said.
“As nobody was required to work on the days in question, the appellant submits that she should not have to pay for those days.
“Employees who were not rostered to work at the closed schools were not directed to access the discretionary special leave,” the judgment said.
“The appellant was afforded procedural fairness through the grievance process.”
Commissioner O’Neill found the internal review had correctly concluded that her long service leave remained valid and that “there is no entitlement to access discretionary special leave” in such circumstances.
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Originally published as Redcliffe Special School teacher Eugenia Ollenburg loses appeal over cyclone pay