Qantas Ground Services (QGS) was today found guilty in the District Court of NSW of standing down an employee who exercised a power or performed a function as a health and safety representative (HSR).
The charge was the first filed by SafeWork NSW under section 104(1) of the Work Health and Safety Act (NSW) 2011 and alleged QGS engaged in discriminatory conduct for a prohibited reason.
Health and Safety Representatives play a pivotal role in identifying health and safety issues in a work group and can help resolve issues in consultation with businesses.
The matter is now listed for mention on 27 November 2023 to list proceedings for a sentence hearing and other matters.
As these matters are still before the courts, further comment is not appropriate at this time. Find more information about the role of Health and Safety Representatives on the SafeWork NSW website.
Head of SafeWork NSW Trent Curtin said:
“The role Health and Safety Representatives’ play in identifying and raising workplace risks on behalf of their work group is critical in creating an open and positive safety culture.
“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. Today’s decision reminds employers of their duty to respond to safety concerns raised via the appropriate channels.”
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