Flight service charged for discriminating against safety representative
A flight ground services company has been found guilty of standing down a health and safety representative (HSR) who raised concerns about unsafe work during the COVID-19 pandemic.
The following is an abridgement of an article originally published on the AIHS website.
A flight ground services company has been found guilty of standing down a health and safety representative (HSR) who raised concerns about unsafe work during the COVID-19 pandemic.
What happened?
A HSR working for a company that provides ground handling services for a major airline was stood down in November 2022 after he advised workers to stop cleaning planes arriving from COVID hotspots without proper protection or training.
SafeWork NSW investigated the case following a call from the Transport Workers Union and found that workers were being made to clean planes arriving from COVID hotspots without adequate personal protective equipment, COVID-safe training, or disinfectant – just water and one rag to clean multiple tray tables. SafeWork NSW charged the companywith engaging in discriminatory conduct for a prohibited reason under the Work Health and Safety Act (NSW) 2011. This was the first time SafeWork NSW used this section of the Act to prosecute an employer.
What was the outcome?
The District Court of NSW found the offending company guilty of the charge on 21 November 2023. The court heard that the individual was targeted and never worked for the employer again. He and his workmates were also sacked by the partner airline a year later.
The matter is now listed for a sentence hearing on 27 November 2023. The flight ground services company could face a fine of up to $500,000.
Why is this important?
The case highlights the importance of the role of HSRs in identifying and raising workplace risks on behalf of their work group. HSRs have legal rights and powers to protect the health and safety of workers and should not be discriminated against for performing their duties.
Trent Curtin, the head of SafeWork NSW, said:
“This is the first time SafeWork NSW has commenced proceedings under this section of the Act and prosecuted an employer for discriminating against a worker who raised questions about safety.”
Sources
Qantas found guilty of standing down HSR over covid concerns by AIHS, 21st November, 2023.
