Worker with dementia-affected husband protected from workplace change

01 Apr 2025

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The Queensland Industrial Relations Commission (QIRC) recently dealt with a case involving a worker who challenged her employer's decision to change her work schedule from night shifts to day shifts.

The worker argued that the change was unreasonable because it conflicted with her long-established caring responsibilities for her husband.

The worker contended that her employer had misused suspension powers under the Public Sector Act 2022 to force her into an alternative duties arrangement that was incompatible with her personal circumstances.

She maintained that after declining to voluntarily workday shifts, the employer manufactured "serious concerns" about her performance to justify the change.

At issue was whether employers must consider an employee's personal circumstances when directing alternative duties, and whether suspension powers can be lawfully used as a performance management tool. The decision provides important guidance for workplace rights.

Worker’s night shifts and alleged conduct

The worker was a clinical nurse with 60 years of experience, including 38 years with the Capricornia Offender Health Service. Her employment history was described as unblemished.

In 2019, the worker entered into an arrangement with the Central Queensland Hospital and Health Service to work night shifts exclusively. This arrangement allowed her to care for her husband who suffers from early...

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