The penalty against Qantas has important implications for employers and the role of unions
Qantas' $90 million fine for unlawfully sacking 1820 baggage handlers and ground staff in 2020 puts unions in a greater position as a legal player, a leading employment law firm in Sydney told HRD.
The fine represents a record penalty that stands as a warning to corporate Australia that cutting costs at the expense of lawful conduct can have serious legal and reputational consequences.
Analysing the judgement, Victoria-Jane Otavski (pictured above, right), Principal and Black Bay Lawyers, observed:
The decision has furthered the power dynamic and legal shift given to employers - highlighting they cannot dismiss workers to avoid them exercising rights they would have had and expands the scope of the Fair Work Act’s “general protections."
This, therefore, provides a broader legal basis to challenge dismissals from the point of view of the employee that may be strategically timed to undermine worker rights.
Previously, employers could argue that because a right hadn’t yet been exercised, it couldn’t be protected but in the wake of the Qantas decision, potential or future rights are recognised as grounds for legal protection.
The level of the penalty also warrants mention given it sends a clear message that workers and unions can now pursue meaningful consequences for unlawful actions, increasing the exposure for employers engaging in strategic or retaliatory dismissals.
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