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Qantas will pay a record fine of $58m for sackings due to pandemics, criticised by a judge

A court in Australia ordered Australia's biggest airline, Qantas Airways to pay A$90m ($58.64m) on Monday for illegally terminating 1,800 staff members during the COVID-19 epidemic and criticised its lack of contrition.

Michael Lee, Federal Court judge, also criticized the litigation strategy of the airline in imposing this penalty. It was the largest ever imposed by a court in Australia's history.

Qantas has made changes to their board and management, but Lee says that the subsequent expressions seem to be more in line with "the harm" caused by the case to the company rather than regret for the harm done to employees.

He added: "I accept Qantas's apology, but I remain unconvinced this level of regret does not represent, at least significantly, the wrong kind."

Lee stated that the penalty amount, which was about 75% of what he could set as the maximum, was crucial to make sure it "couldn't be perceived like the cost of business".

The Transport Workers' Union, which brought the lawsuit against Qantas, will receive A$50 Million of the fine.

Michael Kaine, national secretary of TWU said after the decision: "Against all odds, we took a behemoth... that had proven itself to be brutal, and we won."

The decision was made Monday following a December agreement between the airline and its sacked employees on a compensation fund worth A$120m.

Qantas senior management decided that during the pandemic of 2020, they would lay off 1,820 staff members and outsource their work to independent contractors.

Qantas claimed it was a business decision, but in 2021 the Federal Court ruled that the move was "adverse" and prevented staff from exercising workplace rights or unionising in violation of Australia's Fair Work Act.

Lee, in assessing Qantas’ actions, said that he wasn’t convinced it was truly repentant and criticized its culture, approach to public relations and litigation strategy.

He said, for example, that Qantas announced it would appeal the court decision of 2021 "without any delay" to the High Court to review the 431 paragraph judgment.

He said that when Qantas' appeal was rejected, it issued a "spin" on the result, while ignoring findings about its illegal conduct.

He criticised Qantas for its conduct in litigation, including the decision to exclude Vanessa Hudson, current CEO and former Chief Financial Officer, from the witness stand.

Lee stated that it was one thing to have a Qantas CEO issue a press release apologizing, but quite another to test written statements of contrition and recognition of wrongs in court.

Maurice Blackburn Lawyers who represented TWU said that the penalty was the highest ever imposed by an Australian court for violations to Australia's Labour Laws.

In a press release, the principal of the company, Josh Bornstein said that the record-breaking fine reflected the massive scale of Qantas’ wrongdoing.

Shae McCrystal is a professor of labour law at the University of Sydney. She said that the fine reflected an unprecedented finding of adverse actions against so many employees.

She said that adverse action cases were risky. It sends a clear message to employers, that if they violate the law then the unions could receive the penalties to help enforce the act.

Qantas has said that it will pay the fine.

Vanessa Hudson, Chief Executive of the company, said that "we sincerely apologize to all 1,820 employees who work in ground handling and their families."

Qantas shares fell 0.4% to A$11.58 at the opening of trading. (1 Australian dollar = 1.5349 dollars) (Reporting and editing by Michael Perry, Clarence Fernandez, and Christine Chen from Sydney)

(source: Reuters)