The High Court of Australia has found Qantas illegally sacked 1600 workers during the COVID-19 pandemic. The High Court upheld two rulings made by the Federal Court, which found the outsourcing of baggage handlers, cleaners and ground staff was unlawful under section 340 of the Fair Work Act. Anyone who took “adverse action against another person for a substantial and operative reason of preventing the exercise of a workplace right by the other person contravenes The Fair work Act regardless of whether that other person has the relevant workplace right at the time the adverse action is taken”.
“Qantas did not avoid the operation of the Act in relation to its adverse action by taking the action prior to the existence of the workplace rights, the exercise of which Qantas sought to thwart.” since the ruling the Transport Workers Union (TWU) have called for the “entire Qantas board” to be replaced.
