Ground staff wrongly dismissed by Qantas walk out of Sydney Federal Court.
After hearing the news, their personal struggles will not be ignored.
Don Dixon was among those whose jobs were illegally outsourced in August 2020.
“It’s sad in one way but it’s jubilant in every other way, we stood up and we fought. Every Australian should now say, you know what? This is the spirit of Australia. You dig in when the going gets tough. And you don’t give up. And here we are, having a massive victory.”
The Federal Court ruled in favor of the workers in 2021, but Qantas unsuccessfully appealed the decision to the High Court.
Judge Michael Lee’s ruling will see Qantas pay additional compensation, taking into account the personal cost to workers.
This is Maurice Blackburn’s attorney, Josh Bornstein.
“For the past four years, Qantas has resisted to this day, through a succession of unsuccessful appeals. And its argument that no compensation should be ordered today by the Federal Court has been completely rejected.”
After considering three workers as test cases – to determine the extent of “non-economic loss”, the court ordered Qantas to make individual payments of between $30,000, $40,000 and $100,000.
The airline and unions have been ordered to mediate to determine how much the 1,700 former employees are entitled to.
Nick McIntosh is the assistant secretary of the Transport Workers Union of New South Wales.
“So we estimate that this overall compensation figure is probably worth more than $100 million. Obviously it will depend on different individual cases. The really crucial element though is this non-economic loss. It’s about money tax-free, in recognition of the hardship and distress people have suffered. This will make a big difference to each of the 1,700 people.”
Former Qantas employee Damien Pollard says the compensation will help his colleagues put an end to their ordeal.
“I have spent the last four years fielding hundreds of phone calls from my members in Canberra, people dealing with personal issues, mental health issues caused by the decision. Today’s judgment by the So Judge Lee goes some way to helping facilitate a little bit of recovery and hopefully they can move on with their lives.”
The airline will also have to pay compensation for the economic impact of the layoffs.
But Judge Michael Lee ruled in favor of the airline which should be limited to 12 months’ salary, including benefits, finding that the airline would have eliminated its jobs by the end of 2021 anyway.
Qantas said it was committed to speeding up the process of compensating these employees.
In a statement, CEO Vanessa Hudson said the airline sincerely apologizes to its former employees.
The judgment only covers workers’ compensation, Qantas must also pay a substantial financial penalty for these illegal actions – which has yet to be determined by the court.
Mr McIntosh says the union will push for the maximum fine of $100 million to be enforced.
“It should be worth more than $200 million when all is said and done. It must send a powerful message to Australian businesses that you can’t treat workers like this, you can’t get away scot-free if you do this. .”
Qantas is currently auditing its accounts to determine how much it can afford to pay.
The airline’s board is due to meet shareholders in Hobart this Friday.
