SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53

SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53

The offence involved significant culpability because QGS deliberately discriminated against Mr Seremetidis to advance its commercial interests, despite the vital statutory role of health and safety representatives and despite knowledge of the discriminatory conduct risk; there was a gross power imbalance, QGS failed to consult and cut Mr Seremetidis off from workers, and its conduct caused traumatic and long-lasting harm. General and specific deterrence required a substantial fine, while the absence of prior convictions and cooperation with the investigation mitigated penalty. A project order was declined because this was the first such prosecution, no educational campaign was shown to be...

Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Criminal Prosecution for Discriminatory Conduct Contrary to the Work Health and Safety Act 2011 (nsw) / Sentence
Outcome
Qantas Ground Services Pty Ltd was convicted in proceedings 2021/284164, fined $250,000, ordered to pay compensation of $21,000 to Theocharis Seremetidis, and ordered to pay costs. Project order declined. Costs orders were made in the related proceedings.
Legal Topics
['sentence' 'discriminatory Conduct' 'health and Safety Representatives' 'general Deterrence' 'specific Deterrence' 'compensation Order' 'project Order' 'costs']
['criminal Law' 'work Health and Safety'] ['sentence' 'discriminatory Conduct' 'health and Safety Representatives' 'general Deterrence' 'specific Deterrence' 'compensation Order' 'project Order' 'costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Discriminatory Conduct Contrary to the Work Health and Safety Act 2011 (nsw) / Sentence

Legal Issues

  1. 1 ["What penalty should be imposed for Qantas Ground Services Pty Ltd's discriminatory conduct against a health and safety representative." 'Whether the offence involved significant culpability and what aggravating or mitigating factors applied.' 'Whether a project order should be made under s 238 of the Work Health and Safety Act 2011 (NSW).' 'Whether a compensation order should be made for Theocharis Seremetidis.']

Ratio Decidendi

The offence involved significant culpability because QGS deliberately discriminated against Mr Seremetidis to advance its commercial interests, despite the vital statutory role of health and safety representatives and despite knowledge of the discriminatory conduct risk; there was a gross power imbalance, QGS failed to consult and cut Mr Seremetidis off from workers, and its conduct caused traumatic and long-lasting harm. General and specific deterrence required a substantial fine, while the absence of prior convictions and cooperation with the investigation mitigated penalty. A project order was declined because this was the first such prosecution, no educational campaign was shown to be...

Court Disposition

Qantas Ground Services Pty Ltd was convicted in proceedings 2021/284164, fined $250,000, ordered to pay compensation of $21,000 to Theocharis Seremetidis, and ordered to pay costs. Project order declined. Costs orders were made in the related proceedings.

Orders

  • ['In proceedings 2021/284164, Qantas Ground Services Pty Ltd is convicted.' 'In proceedings 2021/284164, Qantas Ground Services Pty Ltd is ordered to pay a fine of $250,000.' 'In proceedings 2021/284164, pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' 'In...