Qantas faces multi-million dollar bill after unlawful dismissals of 1,700 workers

Qantas Airways is confronted with a substantial financial burden after the Federal Court ruled that the airline illegally dismissed 1,700 ground crew members during the COVID-19 pandemic. The court's decision follows a protracted legal battle that began in August 2020, when Qantas suspended the workers as part of its cost-cutting measures in response to the pandemic's impact on travel.

In a ruling handed down in Sydney, Justice Michael Lee determined that Qantas violated employment laws by standing down the workers without adequate justification. As a consequence, three former employees involved in "test cases" will receive a combined compensation of $170,000, with individual awards of $30,000, $40,000, and $100,000 for "non-economic loss," which encompasses emotional distress and suffering resulting from the illegal dismissals.

Legal Background and Court Findings

The legal proceedings escalated after the High Court upheld a prior decision that Qantas's actions constituted unlawful termination. Following this, Justice Lee's latest ruling clarifies the next steps for determining total compensation for all affected employees. While the specific amounts are yet to be finalized, the total bill is expected to be in the tens of millions of dollars, as compensation is capped at around 12 months' salary per worker.

Justice Lee expressed urgency in resolving this matter, highlighting the need for both Qantas and the Transport Workers' Union (TWU) to reach a prompt agreement. “A part from any public benefit, finality would help bring a degree of closure to those affected workers who have been wronged, particularly for those who experienced emotional and financial stress,” he noted.

Union and Employee Reactions

The TWU has heralded the court's decision as a pivotal moment for the 1,700 workers, many of whom have endured significant hardship since their dismissal. TWU Assistant Secretary Nick McIntosh emphasized that this ruling serves not only as justice for the affected employees but also sends a clear message to corporate Australia about the consequences of unlawful termination practices. He remarked, "If you think you can get away with the biggest illegal sacking of workers in Australian history, then guess what? Think again."

Former employee Don Dixon shared his thoughts outside the court, reflecting on the emotional journey of the past few years. "It's sad in one way, but it's jubilant in all the other ways," he said. "We stood up and fought."

Qantas' Response and Financial Implications

In the aftermath of the ruling, Qantas has publicly accepted the court's decision and expressed its intention to expedite compensation payments to affected employees. CEO Vanessa Hudson issued an apology, acknowledging the emotional and financial impact of the airline's actions. "We sincerely apologise to our former employees who were impacted by this decision," she stated. "We recognize the emotional and financial impact this has had on these people and their families."

The airline had set aside $70 million in its financial results for the 2024 fiscal year to address potential liabilities arising from this case. However, it has not disclosed the exact amount needed to resolve the situation, leading to speculation that the ultimate compensation could far exceed the current provisions.

Next Steps and Broader Implications

As the case moves forward, both Qantas and the TWU have been directed to engage in mediation to resolve the final compensation amounts before the matter returns to the Federal Court in November. The TWU plans to argue for significant penalties against Qantas to deter similar practices in the future.

Legal experts note that this ruling not only affects Qantas and its employees but also sets a crucial precedent for labor relations in Australia. The case raises critical questions about corporate responsibility and the treatment of workers during times of crisis, especially in an industry as heavily impacted by the pandemic as aviation.

As the airline prepares for mediation and the forthcoming penalty hearing, the ramifications of this case will likely resonate throughout corporate Australia, emphasizing the importance of adhering to labor laws and ethical employment practices. The outcome of this high-profile case could influence future corporate conduct, underscoring the need for organizations to prioritize fair treatment of their workforce.