Qantas Fined $250,000 For Standing Down Worker Concerned With COVID-19

A Boeing 787-9 Dreamliner from Qantas Air Lines is seen on the tarmac of LAX Los Angeles airport on May 11, 2019. Daniel Slim/AFP via Getty Images

Australian national carrier Qantas has been fined $250,000 after standing down a worker—who was an elected health and safety representative—after he raised concerns about the risk of COVID-19 to staff cleaning aircraft that had arrived from China—an action the judge described as “shameful.”

Lift truck driver Theo Seremetidis was employed by subsidiary Qantas Ground Services (QGS) at Sydney International Airport, and was sidelined in early 2020, before which he had worked for Qantas for nearly seven years as a ground crew fleet member.

Last year, NSW District Court Judge David Russell found the airline engaged in discriminatory conduct, ruling that Mr. Seremetidis was unfairly cut off from other staff who were seeking his help.

“The conduct against Mr Seremetidis was quite shameful,” the judge said. “Even when he was stood down and under investigation, QGS attempted to manufacture additional reasons for its actions.”

Last week Qantas agreed to pay Mr. Seremetidis $21,000 for economic and non-economic loss.

Safety Concerns a ‘Threat’ to Qantas’ Business

On March 6, Judge Russell ordered that QGS be convicted and fined $250,000, finding that the company’s conduct involved significant culpability and was deliberate, rather than inadvertent and that QGS had “deliberately ignored” the consultation and other provisions of the Work Health and Safety Act.

He said there was a “gross power imbalance” between Mr. Seremetidis and senior managers at QGS.

Mr. Seremetidis was “most conscientious” in carrying out his role as a health and safety representative, the judge found, staying up-to-date with official announcements about the pandemic and even doing research on his day off.

Judge Russell found QGS saw Mr. Seremetidis’s directions to cease unsafe work as a “threat” to the conduct of the business, in particular to its ability to clean and service aircraft and get them back in the air, and pointed out that the role of health and safety representatives was “vital” to the protection of workers and the running of any business.

During the hearing last year, Qantas said it had taken the action because Mr. Seremetidis had been “creating anxiety amongst the workforce.”

It was revealed the airline had told concerned workers that the risk of them contracting COVID-19 from their work was “negligible,” and they could not “be reasonably concerned about contracting the virus.”

Prosecutor Matthew Moir said Qantas gave priority to its commercial interests over the health and safety of its workers. But Qantas lawyer Bruce Hodgkinson argued the airline had been doing its best to deal with the fast-unfolding pandemic.

Qantas Apologises

A Qantas spokesperson said the airline accepted the penalties.

“We agreed to compensation for Theo Seremetidis and the court has today made orders for that compensation to be paid,” the spokesperson said.

“We acknowledged in court the impact that this incident had on Mr. Seremetidis and apologised to him. Safety has always been our number one priority and we continue to encourage our employees to report all safety-related matters.”

SafeWork NSW, which filed charges against the airline, is to receive half the fine.

The Transport Workers’ Union previously called for the maximum fine of $500,000 to be imposed, describing Mr. Seremetidis as a “workplace hero.”

Richard Olsen from the Union said Mr. Seremetidis stood up for himself and workers, despite being “ridiculed.” He said the court’s ruling puts a “question mark” over the legacy of former chief executive, Alan Joyce.

“We need to reset this company,” Mr. Olsen said.