Queensland Consolidated Acts

CITY OF BRISBANE ACT 1924 - SECT 25D

(1) In this section and in schedule 1 in its application and extension to appeals under this section--

employee includes the town clerk, the permanent head of the units of administration of the council and every other officer or employee of the council.

otherwise discipline means disrated or fined or dealt with in any other manner other than being dismissed.

(2) Any employee of the council who has been dismissed from the employment of the council or who has been otherwise disciplined by or on behalf of the council on the ground of misconduct or unfitness, or neglect of or violation of or absence from duty, or any other offence against discipline, or on any other ground, or without any ground having been given or reason having been assigned may appeal to the appeal board referred to in schedule 1 which shall be constituted for the purposes of such appeal.

(3) Where an employee is dismissed or otherwise disciplined on any ground pursuant to subsection (2), such ground shall be furnished in writing to the employee by or on behalf of the council at the time the employee is notified he or she is dismissed or otherwise disciplined.

(4) Where an employee appeals to the appeal board under this section against being dismissed or otherwise disciplined, the grounds furnished to the employee by or on behalf of the council in accordance with subsection (3) shall be the grounds on which the employee was dismissed or otherwise disciplined and no other grounds shall be advanced against the employee.

(5) An appeal under this section may be made on the ground of innocence of the charge or of any act, omission, matter or conduct meriting being dismissed or otherwise disciplined, as the case may be, or excessive severity of the punishment.

(6) Where an employee appeals to the appeal board under this section against being dismissed or otherwise disciplined and no grounds for being dismissed or otherwise disciplined have been furnished in writing to the employee by or on behalf of the council at the time the employee is notified he or she is dismissed or otherwise disciplined, the appeal board, on being satisfied that no grounds have been furnished as aforesaid, shall determine that the appeal is allowed and--

(a) where the appeal is against being dismissed--that the employee be reinstated;

(b) where the appeal is against being otherwise disciplined--that the employee be in all respects in no less favourable a position than the employee would have been had the employee not been otherwise disciplined;

and, subject to this section and to schedule 1, every such determination shall have effect according to its tenor.

(7) In the hearing of an appeal on the ground of excessive severity of the punishment, the board shall take into consideration the previous record of the appellant.

(8) The provisions of schedule 1 shall apply and extend to appeals under this section.