A Redcliffe special school teacher has been unsuccessful in her bid to reclaim long-service leave days used during a forced school closure, after a ruling highlighted a complex and debated area of emergency leave entitlements of employees during natural disasters.
Leave Dispute Following Cyclone Closure
The issue arose when experienced teacher Eugenia Ollenburg, who was on pre-approved long service leave at half pay, sought to have three of her leave days reclassified as special paid leave. This was for the period when Redcliffe Special School was shut down due to Cyclone Alfred. The school was closed on March 6, 7, and 10. Ms Ollenburg argued she should not have to use her personal leave for days when all staff were instructed not to come to work.
Commission Upholds Department’s Decision
The matter was taken to the Queensland Industrial Relations Commission after Ms Ollenburg was denied special leave and a subsequent internal review by the Education Department upheld the decision. In dismissing the appeal, Industrial Commissioner Peter O’Neill found that the department had acted fairly.
The commission heard that Ms Ollenburg’s colleagues who were scheduled to work on the closure days were granted special leave because they had been expected to attend work. However, the commissioner noted that there was never an expectation for Ms Ollenburg to be at work during that time, as she was already on an extended period of approved leave. The judgment stated that employees not rostered to work during such closures were not directed to access the discretionary special leave.
Calls for Clearer Guidelines
Throughout the process, Ms Ollenburg maintained that the government’s leave regulations did not adequately explain what happens when a workplace unexpectedly closes while an employee is already on approved leave. She described the process as confusing and unclear, stating to the court registry that she did not know what steps to take or who to ask for guidance.
Emails from the Education Department, which were presented in the ruling, showed that Ms Ollenburg had been informed that pre-approved leave could not be changed to special leave, even during emergencies. A human resources adviser had written that such discretionary leave is not an automatic right. The commission found the internal review had correctly concluded that her long service leave remained valid and she had no entitlement to access the other leave type in her circumstances.
Published Date 06-July-2025
