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Appeal a decision affecting your employment

Employees can appeal certain decisions that affect their employment. Find out what you can appeal and how you submit an appeal.

See our notable cases, to help you decide if you should submit an appeal and your chances of success. See also our annual report of the total number of appeals and their outcomes.

  • Action taken or not taken under a directive (e.g. Independent medical examinations directive).
  • Disciplinary action taken under a disciplinary law.
  • Decisions by the Public Sector Commissioner to direct an agency to fix a defect in the procedural handling of a work performance matter (e.g. suspension, discipline, workplace investigation).
  • Suspension without pay.
  • Promotion (other than non-appealable appointments).
  • Transfer.
  • Conversion, or lack of conversion, to a permanent role (e.g. non-conversion of a casual or fixed term temporary employee after 2 years, hours offered on conversion, non-employment to a higher classification level after 2 years, non-suitability)
  • Fair treatment.

See sections 129  and 131 of the Public Sector Act 2022.

Read the Appeals directive.

Consider other relevant review options, including:

You should also read and consider the relevant notable cases.

Request a Public Sector Commission review

Public Sector employees can request a Public Sector Commission (PSC) review of procedural aspects relating to an agency’s handling of a current work performance matter (e.g. suspension, discipline or workplace investigation).

The matter must not:

  • be for corrupt conduct
  • have been resolved in a way that can be appealed under Chapter 3, part 10 of the Public Sector Act 2022.

The employee must:

  • believe that the agency has not complied with a relevant directive or principles of natural justice
  • have used their agency's internal review or employee grievances process
  • be dissatisfied with the outcome of their agency's internal review or employee grievances process.

Email the PSC at employeereview@psc.qld.gov.au for more information and a link to the Review request form.

The PSC will evaluate your request and determine if they can conduct a review. If they conduct a review, they’ll produce a report including any recommendations and directions on how to fix any defects in the procedural process. They’ll send any recommendations and directions to your chief executive.

If the PSC chooses not to conduct a review or the outcome of the review is not to your satisfaction, you can submit a complaint to the PSC, Ombudsman or Human Rights Commission, or submit an appeal.

Consider the relevant notable cases before you submit an appeal. These decisions were made under previous legislation and are only binding on the parties involved, but they may help inform your decision.

Decisions under a directive

Casual employment

Temporary employment

Promotion, recruitment and selection

Discipline

Suspension without pay

Submit an appeal by visiting the Queensland Industrial Relations Commission’s (QIRC)’s Public service appeals page. The commission handles all public service appeals in accordance with the Industrial Relations Act 2016.

You must be eligible to appeal as per Section 133 of the Public Sector Act 2022.

You must appeal a decision within an appropriate amount of time as determined by the QIRC (usually within 21 days of the decision).

See the Appeals directive for more specific rules about appeal entitlements and requirements for the appeal process.