Did Qantas illegally sack 1,700 ground staff during Covid-19 lockdowns?

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Qantas Illegally Sacked 1,700 Ground Staff During Covid-19 Lockdowns

Australia's High Court has ruled that Qantas illegally sacked 1,700 ground staff during Covid-19 lockdowns, dismissing the airline's appeal against a previous Federal Court decision. The High Court agreed with the Federal Court's finding that Qantas had failed to prove that a primary reason for the mass dismissals was not to prevent future industrial action by the affected workers. The Transport Workers Union (TWU) had initiated legal action against Qantas concerning these layoffs.
High Court Upholds Federal Court Ruling

The High Court unanimously dismissed Qantas's appeal, affirming the Federal Court's earlier judgment that the airline's decision to outsource ground staff jobs during the pandemic was illegal. This ruling means that the initial decision, which found Qantas had not disproven the motive of preventing industrial action, stands. The Federal Court had previously considered Qantas's stated "commercial imperatives" but found them insufficient to justify the dismissals under the circumstances.
Legal Basis for the Decision

The Federal Court had determined that Qantas could not provide sufficient evidence to disprove that a key reason for the outsourcing and subsequent sackings was to circumvent the possibility of future industrial action by its ground staff. The High Court's agreement with this finding is central to the legality of the dismissals, as it addresses the airline's motivations behind the decision made in August 2020.
Qantas's Response and Acknowledgment

Qantas has acknowledged and accepted the High Court's ruling, expressing deep regret for the personal impact the outsourcing decision had on the affected workers. The airline stated that it sincerely apologises for this impact. However, Qantas also noted that the Federal Court had previously ruled out the possibility of reinstating the sacked employees.
Compensation and Past Payments

Regarding compensation and potential penalties, Qantas indicated that redundancy payments already made to the workers would be factored into any final calculations. The airline's decision to outsource its ground handling functions in August 2020 was made during a period of border closures and lockdowns, prior to the availability of Covid-19 vaccines, citing the perceived likelihood of a prolonged crisis as a reason for restructuring.

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Did Qantas illegally sack 1,700 ground staff during Covid-19 lockdowns?

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