Qantas, the national carrier of Australia, has agreed to provide compensation to a former employee who was unlawfully dismissed for raising concerns about cleaning planes from China at the beginning of the COVID-19 pandemic. Theo Seremetidis, a trained health and safety representative, was stood down in February 2020 after instructing colleagues to stop servicing planes from China due to fears of COVID-19 transmission. Qantas has agreed to pay over $20,000 (US$13,000) to Mr. Seremetidis, including $15,000 for “hurt and humiliation” and $6,000 for economic loss.
The case, which has been described as a “David and Goliath” legal battle, highlights the importance of workplace safety and the responsibility of businesses to prioritize the well-being of their employees. Mr. Seremetidis stated that his intention was not financial gain but rather to hold Qantas accountable for its actions and ensure the ability of Health and Safety Representatives (HSRs) to carry out their duties in keeping workplaces safe.
Qantas admitted the impact of the incident on Mr. Seremetidis and issued an apology. The company emphasized that safety has always been its number one priority and encouraged employees to report safety-related matters. However, prosecution barrister Matthew Moir argued that Qantas prioritized its business and operational interests over the safety of its workers.
In declaring Qantas guilty, Justice Russell SC DCJ affirmed that Mr. Seremetidis’s concerns about COVID-related health risks while servicing planes were reasonable. He stated that Qantas perceived Mr. Seremetidis’s directions as a threat to the business, but the court found the concerns justified under Section 85 of the Work Health and Safety Act, which allows workers to stop unsafe work.
The Transport Workers Union (TWU) hailed Mr. Seremetidis as a “workplace hero” and emphasized the significance of holding corporations accountable for illegal behavior and the importance of HSRs in ensuring the safety and well-being of workers. The TWU called for a company shift at Qantas with the establishment of a Safe and Secure Skies Commission.
This case comes after an investigation by SafeWork NSW uncovered unsafe practices at Qantas, including inadequate protective gear, training, and disinfection measures for workers cleaning planes from COVID-19 hotspots. The findings raise concerns about the airline’s commitment to employee safety during the pandemic.
The outcome of this case is expected to have significant implications for workers’ rights and safety advocacy in Australia. The victory for Mr. Seremetidis has set a precedent for holding corporations accountable and sends a powerful message about the importance of HSRs in ensuring workplace safety.
Qantas now faces upcoming compensation and penalty hearings for unlawfully sacking a further 17,000 workers, an Australian Competition and Consumer Commission (ACCC) prosecution, and a pending class action. The airline’s actions are being closely scrutinized, and there is increasing pressure for Qantas to prioritize the safety and well-being of its employees.
Theo Seremetidis has become an inspiration to health and safety representatives across Australia, with his fight for workplace safety shining a light on the crucial role played by HSRs. This case serves as a reminder that workers’ voices must be heard and their concerns addressed to create safe and secure workplaces.
