‘Two sets of rules’ as sacked QPS employee loses dismissal challenge
A Queensland Police employee sacked for refusing to have a Covid-19 vaccination has lost her bid to challenge her dismissal, despite others in similar situations getting their jobs back.
A Queensland Police Service employee sacked for refusing to have a COVID-19 vaccination has lost her bid to challenge her unfair dismissal – despite six sworn police officers who launched similar applications getting their jobs back.
Frontline and Digital Division Command and Control Centre employee Sarah Smith was dismissed in 2023 after refusing to comply with the vaccine mandate directives by the QPS.
Sibley Lawyers director Justin Sibley said it wasn’t fair there were two sets of rules for employees of the QPS, as wrongfuldismissals of sworn police are heard in Queensland Civil and Administrative Tribunal (QCAT), whereas QPS civilian employees are dealt with in the Queensland Industrial Relations Commission (QIRC).
“It is no doubt upsetting for our civilian clients that there is inconsistency in the two jurisdictions, nor consistency in the approach taken by the QPS,” Mr Sibley said.
At time Ms Smith was dismissed, she did not comply with the mandate which resulted in a misconduct finding being made against her.
She was given 21 days to file for unfair dismissal in the QIRC but failed to file in time after being told she had low prospects of success by different legal representatives.
Ms Smith lodged her application after the Supreme Court ruling in February 2024 which ultimately ruled the directives wereunlawful.
But Ms Smith’s application was unsuccessful, despite six sacked police officers being granted an extension of time to file in QCAT.
Those officers were among 21 police who were allowed to return to work.
Mr Sibley said the ruling was upsetting and QPS took a different approach to civilian staff.
“It is obviously unfair for our civilian police clients that the QPS is not doing the right thing by bringing them back towork and is taking a vastly different approach to sworn
officers.”
Queensland Police said they were unable to comment on the matter due to pending proceedings.
Originally published as ‘Two sets of rules’ as sacked QPS employee loses dismissal challenge
