In a first-ever criminal prosecution against Qantas, the NSW District Court handed down a verdict this month, ruling that the airline illegally stood down Theo Seremetidis over health and safety concerns he had raised in February 2020.

The case, brought before the court by Safe Work NSW, accused the airline that the standing down of the ground worker amounted to discriminatory conduct for a prohibited reason under Work Health and Safety legislation.

Speaking to Neos Kosmos in the week following the judgment, Seremetidis said he expected the positive result.

“Because we had a lot of evidence. As soon as the Transport Workers Union (TWU) made the complaint, Safe Work went in pretty much immediately and started compiling evidence, interviewing managers and gathering records of email communications.”

The court heard Seremetidis had been concerned by the lack of adequate Covid-19 protective gear, training and cleaning equipment when he issued a directive at the early days of the pandemic for staff to cease cleaning planes landing from virus hotspots.

The SafeWork inspection which followed confirmed that Qantas workers were being handed only one rag and water to clean multiple tray tables on planes.

“I was in charge of about 180 people as their Health and Safety representative. People were coming to me saying they didn’t want to catch the virus and bring it home infecting loved ones. Especially some who had sick and elderly at home, those most at risk, they were really worried and hesitant to go on the planes arriving from hotspots.”

In the days leading up to his directive, Seremetidis raised the issue with managers including in emails, requesting risk assessments, extra PPE and information.

He says his communications were “being ignored” by management.

“I read a government paper that said that you can catch the virus from touching surfaces, which was contrary to what Qantas was saying.

“Then on my day off I was received numerous calls of people concerned who didn’t want to clean the aircrafts, saying they were intimated by managers who threatened them that if they didn’t go it was going to be seen as unprotected industrial action, with consequences up to termination of employment.”

On that Sunday morning in February 2020, the ground worker directed staff assigned to clean the two arriving aircrafts of the day to “cease unsafe work”.

A couple of hours later, Seremetidis was advised he was no longer required to work and that he would be notified for next steps.

In his ruling, Judge David Russell determined the discrimination alleged by SafeWork NSW in the case had been established beyond reasonable doubt and found Qantas guilty of criminal conduct.

“I find that Mr Seremetidis was most conscientious in carrying out his role as a [health and safety representative],” the judge said.

Seremetidis an Australian citizen grew up and spent his early working years in Greece. He says speaking to friends back home, he is told “there is no way a complaint brought against your employer would have been resolved this way”.

“I would have to find a lawyer on my own and pay for everything which would have been impossible. Here in Australia, it was all taken care of thanks to the union and the NSW regulator.”

While in Greece, Seremetidis, who comes from a family of eight siblings, worked in various jobs to make ends meet during his university years studying archaeology, from post office worker to forklift operator and supermarket employee.

“When I was in Greece I had no relations with unions whatsoever,” he says.

“My first unionised job was in Australia, after I saw people fighting for better conditions. And that’s what sparked it for me as well, to know what my rights actually are as an employee.”

The Court found Qantas not guilty of two further charges alleging it had made threats of disciplinary action. The matter on the charge of discrimination that the airline was found guilty of will return for sentencing at a later date.

In a statement following the court ruling, Qantas said it was still reviewing the judgment.

“We recognise that the initial stages of the pandemic caused a lot of uncertainty for our people, customers and the business more broadly,” it said.

The court decision was hailed by the TWU as a victory for Seremetidis and “health and safety representatives around the country”.

“Theo is a workplace hero and today he has been vindicated. When the TWU urged SafeWork NSW to prosecute this case, Theo courageously took on one of Australia’s biggest corporate bullies and won,” TWU President and NSW/Qld Secretary Richard Olsen said.

“I’m not very good with compliments,” Seremetidis said when asked how he felt being called a ‘workplace hero’.

“But I want to point out that none of this would have happened if I wasn’t with the union.

“I could submit the complaint by myself to the regulator, but chances would be slimmer. The case was unknown territory for NSW Safe Work too. All the way through I had the union telling me ‘stick to your guns'”.

He recalls the heavy toll on his mental health during those times and how he refrained from telling his family back in Greece about it, until legal proceedings kicked off.

“I told them the whole story then and they were surprised and asking why I hadn’t told them earlier. I didn’t because there was nothing they could do to help me. Why worry them for no reason?”

“Now of course they’re very proud of me and the outcome. But my mum is still worried that I might face repercussions for speaking up against a big company. I tell her ‘mum, don’t worry these things don’t happen in Australia'”.

Seremetidis says moving to the country was not his initial plan.

“I went to visit some relatives in Melbourne in 2011, but I liked Australia so much that I extended the trip.”

When the opportunity arose later for a sponsored visa, he took it and “never looked back since”.

“I’ve been going back every year to see my parents, except during the Covid years, but that’s it.”

“I always had this urge for travelling, I had seen most of Greece and was ready for a change. Before Australia I had spent a year and a half in the US but it didn’t work out. It all happens for a reason.”

For the first three years of his stay Down Under, Seremetidis’ mother expected him to return.

“I think she accepted it as a fact as soon as I got my residency.”

Asked about why he would not consider repatriating, Seremetidis points to Australia’s working conditions as one of the main reasons.

“I remember when I left Greece, we had the financial crisis and I went through a rough time and I was a bit traumatised from that.

“I saw Australia at the time as, you know, the promised land.”