The full article, will Elaine’s sister apologise, will Elaine’s bonus be docked or will they just do what they normally do?
- 10:24AM NOVEMBER 16, 2023
Qantas is guilty of a criminal charge after standing down a health and safety representative in the early stages of the global pandemic, a NSW district court judge has found.
The case relates to a Safework NSW matter in which it accused Qantas of breaching part 6 of the Work Health and Safety Act and discriminating against Theo Seremetidis after he was stood down for performing duties as a health and safety representative.
He was stood down by
Qantas after he advised colleagues to stop unsafe work on planes arriving from China in early 2020 due to Covid-19 exposure risks.
On Thursday, the court heard elements of the matter brought by SafeWork NSW were established beyond reasonable doubt and Qantas Ground Services is “guilty of the offence charged”.
They specifically related to standing down Mr Seremetidis “to his detriment” and the dominant reason for standing him down was a prohibited reason because he had exercised a power as a health and safety representative by directing workers to cease unsafe work.
Other charges relating to additional matters were dismissed.
It is the first legal test of uniform work health and safety laws. The prosecution was brought after a complaint from the Transport Workers Union to SafeWork NSW on behalf of Mr Seremetidis.
ACCC chief doubles down on Qantas ghost flight case debacle
Judge David Russell said he accepted SafeWork NSW’s submissions that Qantas Ground Services “actively sidelined” Mr Seremetidis.
“Firstly … by cutting him off from other staff who were seeking his help,” he said.
“And secondly, by standing him down and requiring him to leave the airport forthwith.
“I find that (Qantas Ground Services) saw the giving of the directions by Mr Seremetidis to cease work as a threat to the conduct of business and in particular, a threat to the ability of (Qantas Ground Services) to clean and service aircraft and get them back in the air.”
Judge Russell also said he formed a “favourable impression” of Mr Seremetidis, whose evidence extended over a number of days.
“I formed the view that he attempted to carry out his duties as a health and safety representative conscientiously and carefully,” he said.
TWU President and NSW/Qld Secretary Richard Olsen welcomed the verdict on SafeWork NSW’s primary charge.
“This is a fantastic result. Theo is a workplace hero and today he has been vindicated. When the TWU urged SafeWork NSW to prosecute this case, Theo courageously took on one of Australia’s biggest corporate bullies and won,” he said.
“Qantas not only ignored the concerns of Theo and his colleagues, but set out to punish and silence him for acting in his role as a highly trained HSR.”
TWU National Secretary Michael Kaine said the “landmark” decision will make workplaces safer.
“How Qantas responds to this verdict will be one of the first tests of the promise made by the airline that it has turned over a new leaf. Historically, Qantas has dragged out every possible legal challenge, with Goyder still refusing to accept that illegally outsourcing 1700 ground and fleet presentation workers was wrong,” he said