Commission upholds employer's decision on transfer to new workplace
The Queensland Industrial Relations Commission (QIRC) recently dealt with a worker’s appeal that challenged her employer’s decision to transfer her to another workplace. She said that the travel that was required to go there triggered her anxiety when driving.
The worker, Beth Davies, serves as a prep teacher at Indooroopilly State School under the employ of the State of Queensland’s Department of Education. Davies has been dedicated to her role since February 2017.
In an appeal before the QIRC, Davies disputed the decision made by Lisa Newbold, the Director of Human Resources Business Partnering, Metropolitan North Region, Department of Education.
The said decision directed Davies' transfer from Indooroopilly State School to Durack State School, effective 18 January 2024. Initial notification of the transfer was provided to Davies on 8 September 2023.
Worker has driving ‘anxiety’
According to records, Davies expressed her reservations about the transfer informally on 14 September 2023 and formally lodged a request for review on 15 September 2023. She emphasized her concerns about the daily commute from her inner-city Brisbane residence to Durack State School.
Davies cited a lack of confidence in driving long distances and changing lanes at high speeds, leading to heightened anxiety.
Despite having worked in various schools globally, she clarified that her concern lies not in changing her workplace location but in her preference for a school close to her home to manage her anxiety effectively. She highlighted her husband's experience commuting to Durack State School, which confirmed her worries about the transfer.
Davies, who has also been working part-time for the past two years due to her husband's work-related travels, emphasized her desire to be aligned with a school within a ten-minute drive of her home, specifically mentioning Toowong State School.
The Teacher Transfer Review Panel convened on 27 October 2023 to assess Davies' request. Newbold, in her decision letter of 3 November 2023, acknowledged the review process and confirmed that the panel dismissed her request for review.
Worker left in an ‘unfair position’
In her letter, Davies expressed her concerns:
“My main reasons for appealing was due to my anxiety when driving on the highway and on roads that I am unfamiliar. This is something that I have always suffered with, and I cope by not driving on roads that make me feel anxious.”
“I was hoping that when myself, the Principal and the Senior HR Consultant met, we could discuss alternative schools that I can travel to that are still considered non-preferred schools,” she said.
“Durack State School was not the problem, only the drive to get there. I was and still am happy to travel to non-referred schools as long as I feel that I can drive to the school without feeling worried and anxious, which in turn would affect my teaching.”
“For the past 10 weeks, the stress of this situation has totally consumed me. All I ask is that I am given the opportunity to review options available to me. I was not given this opportunity, leaving me without a voice and in an unfair position compared to other teachers who have appealed their transfer,” she added.
Was the job transfer reasonable?
The employer argued that “a transfer placement to a school of up to 50 minutes driving time from a teacher’s place of residence is considered reasonable.”
It said that Davies “has not established exceptional and compelling circumstances as to why she should not be transferred to Durack State School,” adding that Davies did not provide the decision-maker with evidence of a medical condition preventing her from transferring.
It said that Davies attached a medical certificate after the decision came out, which could no longer be considered. She reportedly gave a report from a general practitioner dated 4 December 2023 advising that Davies has “significant anxiety and panic associated with highway and motorway driving.”
“While [she] has provided a medical certificate dated 4 December 2023, she did not previously submit any medical evidence when requesting a review of the decision to transfer her and that there was no medical evidence before the decision-maker when the decision was made,” the employer said.
The QIRC acknowledged that “the transfer process can be a difficult time for teachers, students and school communities.” However, it said that it did not find the employer’s process was unreasonable.
“There are many people who would prefer such a short commute time and to avoid busy roads. However, the [employer was] guided by their [guidelines] as to what is a reasonable [criteria].” Thus, the QIRC upheld the employer’s decision and said it was “fair and reasonable.”
