The NSW Minister for Work Health and Safety Sophie Cotsis today welcomed the landmark conviction and fine of Qantas, one of the nation’s largest companies for standing down a worker who raised work health and safety concerns.
SafeWork NSW brought this first-of-its-kind action after Qantas Ground Services Pty Ltd (Qantas) unlawfully stood down a Health and Safety Representative (HSR) Theo Seremetidis during the pandemic after he raised concerns about workers being exposed to COVID-19.
The court has ordered Qantas to pay $250,000 for its breach.
This comes on top of Qantas agreeing to pay a personal compensation order to the HSR of $21,000 ($6000 for economic loss, and $15,000 for non-economic loss).
In February 2020 Mr Seremetidis was working for Qantas at Sydney Airport.
The court heard that Mr Seremetidis directed his colleagues to stop cleaning and servicing aircrafts arriving from China.
In response Qantas illegally stood Mr Seremetidis down.
In October 2021 SafeWork NSW began its case against Qantas filing charges in the District Court under section 104 of the Work Health and Safety Act 2011 (the Act) and alleging that Qantas engaged in discriminatory conduct for a prohibited reason.
These were the first charges ever filed by SafeWork NSW using this section of the Act.
In November last year Qantas was found guilty of one charge and today the court has handed down the sentence.
Qantas has 28 days to appeal the decision.
Work Health and Safety Minister Sophie Cotsis said:
“As a first principle no Work Health and Safety rep should be stood down for doing their job.
“I greatly appreciate the work that the TWU has done to support workplace health and safety.
“I am also very pleased SafeWork took the initiative in this case to ensure the rights of Health and Safety reps were protected.
“Let this case stand as a warning, not just to Qantas but to all employers, not to discriminate against their health and safety reps.
“Given this was a first-of-its-kind case the NSW Government will take time to review the outcome.”
Head of SafeWork NSW Trent Curtin said:
“This ruling supports the role of the Health and Safety Representative as a serious and specialised role which is recognised and protected under work, health and safety laws in NSW.
“Businesses have specific obligations in relation to Health and Safety Representatives and are required to give them access to information regarding hazards and risks affecting the work group and talking with them about health and safety issues.
“Ensuring effective consultation is a priority for SafeWork NSW, and I would like to thank and acknowledge the efforts of our Inspectors, Investigators and Legal team for ensuring a precedent is set for any future businesses who may take similar actions.”
