October 20th 2024.
During the challenging times of the COVID-19 pandemic, many Qantas employees faced the unfortunate reality of being unlawfully retrenched by the national airline. However, there may be some hope on the horizon as the Transport Workers' Union has taken legal action against Qantas in the Federal Court. This comes after the company made the decision to outsource nearly 1700 ground staff jobs back in November 2020. The process of redundancies then began, resulting in all of these employees being let go by March 2021.
In a heartwarming tribute, a mother recently shared a sweet message in honor of her son who tragically lost his life along with two of his friends. The loss was felt deeply by the entire community, with many remembering him as a lovable goofball. But amidst the sadness, there is a glimmer of hope for the unlawfully retrenched Qantas workers as Justice Michael Lee ruled in July 2021 that the airline's actions were in violation of employment laws. This led to the matter returning to the Federal Court in March and May for further discussions.
During these hearings, the judge heard arguments from both sides about how much compensation should be awarded to three test case employees for the airline's unlawful behavior. The decision on this matter is expected to be announced on Monday and it is hoped that this will set a precedent for future negotiations between Qantas and the TWU regarding the remaining affected staff. However, the airline has argued that these employees should not receive any compensation at all, claiming that they would have been made redundant in November 2020 due to the dire state of the aviation industry during the pandemic.
On the other hand, the TWU argues that the workers deserve fair compensation for the harm caused by Qantas' actions. They are also seeking penalties against the airline, although a decision on this will be made at a later date. The situation is further complicated by the fact that in March 2021, the more contagious delta strain of the virus began to spread in Australia, leading to further lockdowns and restrictions being imposed. Qantas claims that this would have resulted in the employees being let go anyway, but the TWU believes that they should still be compensated for the initial unlawful retrenchment.
In a separate case back in December 2021, Justice Lee rejected the TWU's proposal to have the workers reinstated at Qantas, stating that it was not a feasible solution. However, he did find that the terminations were unlawful and this decision was upheld by both the Full Federal Court and High Court after Qantas' appeal was dismissed. As the legal battle continues, all eyes are now on Monday's decision and what it will mean for the affected Qantas workers. In the meantime, the once-stunning lake that has now been polluted with waste serves as a reminder of the importance of fair and just treatment for all workers in every industry.
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