Qantas workers launch High Court sick leave action
Qantas workers who were stood down during the pandemic are taking their fight for sick leave entitlements to the High Court today.
Earlier this month, the Federal Court ruled that the airline's workers are not entitled to sick, compassionate or carer's leave while Qantas has stood them down.
It maintained that Qantas only had to provide these entitlements if employees still had work to do.
The Federal Court bench was split two to one.
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Qantas workers are taking the airline to the High Court over the airline's decision not to pay sick leave entitlements to workers stood down during the pandemic. Paul Rovere
But the workers say they cannot afford to get by just on JobKeeper if they are sick, and they should be able to access sick leave they have accrued and be paid at usual rates.
The staff are still entitled to annual and long service leave, as well as the JobKeeper payments.
The Transport Workers' Union, Electrical Trades Union, Australian Workers Union and Australian Manufacturing Workers' Union have engaged Maurice Blackburn to bring the appeal to the High Court.
The Australian Council of Trade Unions (ACTU) is also backing the legal bid.
ACTU assistant secretary Scott Connolly said Qantas's attitude had been "callous and illegal".
The staff who require their sick leave include a man battling cancer and another with heart disease, both of whom have spent more than 30 years with the airline, he said.
Mr Connolly said the case would have outcomes beyond Qantas.
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Qantas said the collapse in air travel has caused it to take on more than $2 billion in debt. AP
"Stand downs are meant to be strictly limited to particular circumstances, but even in those circumstances workers should not be prevented from taking leave or being paid their basic entitlements," he said in a statement.
When asked to comment, Qantas referred to its statement published after the previous decision.
It said that the majority of its employees have had no work for months because of pandemic travel restrictions.
"The company has taken on more than $2 billion in debt as revenue has collapsed. It's been an incredibly difficult time for everyone," the statement said
"There's now been two courts who have confirmed that employees who are stood down are not eligible to receive paid sick leave because there is no work to be absent from. This is not just true of Qantas, but across the economy."
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