Antonio Tran, a senior web developer at the Department of Premier and Cabinet, asked the Queensland Industrial Relations Commission to stay a decision to suspend him without pay while he appealed the department's move to terminate his employment.
In July, the department told Tran it was considering terminating his employment over what it said were substantiated allegations that he had pornography stored on his work computer, used department resources for non-work activities, and filed false timesheets. He was invited to show cause.
Tran had been suspended with pay since January 23, but on August 10, Acting Deputy Director-General Jaime Blackburn informed him he would be suspended without pay until November 9.
Shortly after that decision, Tran lodged an appeal to have his pay continued, claiming he was struggling financially. He told the commission he was battling to secure permanent accommodation and had applied for a Centrelink payment but was still awaiting approval.
The department told the commission Tran was welcome to seek private-sector work.
Industrial Commissioner Jacqueline Power expressed confusion over Tran's claim of sudden financial difficulty. "It is unclear how the decision to suspend him without remuneration could have impacted his previous financial circumstances," she said in her ruling. "It is also unclear how the decision impacted his accommodation access over the previous eight months in circumstances where he has been in receipt of remuneration for the duration of his suspension."
Power ruled against Tran continuing to receive pay, noting there was no evidence he would be able to repay the money if he ultimately lost his appeal against the disciplinary decision, particularly given his own claims of financial hardship. She also said continued payments would be an ongoing drain on public funds while he could seek work elsewhere.
The matter now proceeds with Tran's appeal against the suspension and the underlying termination decision.