Qantas, the Australian national carrier, is facing a hefty fine of $250,000 for taking action against an employee who expressed concerns about the risk of COVID-19 spreading from planes arriving from China. Theo Seremetidis, an elected health and safety representative and lift truck driver for Qantas Ground Services (QGS) at Sydney International Airport, was stood down by the airline in early 2020 after raising safety concerns.
Last year, the NSW District Court ruled that Qantas had engaged in discriminatory conduct by unfairly isolating Seremetidis from other staff seeking his help. The judge described the airline’s actions as “shameful” and criticized QGS for attempting to manufacture additional reasons for its actions even after Seremetidis was stood down and under investigation.
Qantas ultimately agreed to pay Seremetidis $21,000 for economic and non-economic loss. However, Judge David Russell ordered QGS to be convicted and fined $250,000, stating that the company’s conduct involved significant culpability and was deliberate. The judge found that QGS had deliberately ignored the consultation and other provisions of the Work Health and Safety Act, highlighting a “gross power imbalance” between Seremetidis and senior managers at QGS.
Seremetidis was commended by the judge for his conscientiousness in carrying out his role as a health and safety representative. He diligently stayed up-to-date with official announcements about the pandemic and even conducted research on his day off. Judge Russell emphasized the vital role of health and safety representatives in protecting workers and ensuring the smooth running of any business.
During the hearing, Qantas argued that it had taken action against Seremetidis because he was creating anxiety among the workforce. The airline had reassured concerned employees that the risk of contracting COVID-19 from their work was negligible and that they should not be reasonably concerned about contracting the virus. However, the prosecutor accused Qantas of prioritizing its commercial interests over the health and safety of its workers.
Qantas has accepted the penalties and expressed its acknowledgment of the impact the incident had on Seremetidis. A spokesperson for the airline stated that safety has always been their number one priority and that they continue to encourage employees to report all safety-related matters. SafeWork NSW, the organization that filed charges against Qantas, will receive half of the fine.
The Transport Workers’ Union, which supported Seremetidis throughout the case, called for the maximum fine of $500,000 to be imposed. Richard Olsen from the Union described Seremetidis as a “workplace hero” who stood up for himself and his fellow workers despite being ridiculed. Olsen also suggested that the court’s ruling raises questions about the legacy of former Qantas chief executive, Alan Joyce.
Overall, this case highlights the importance of prioritizing the health and safety of employees, especially during a global pandemic. Qantas’s actions were deemed discriminatory and deliberate by the judge, demonstrating a disregard for the well-being of their workers. Moving forward, it is crucial for companies to ensure that they have effective mechanisms in place to address employee concerns and maintain a safe working environment.
