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ARTICLE · 05 APRIL 2024

First successful SafeWork NSW prosecution for discriminatory conduct under the WHS Act

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Case is a reminder that protections against employee discrimination also dealt with under the WHS Act.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Megan Cant
Megan Cant
Jamie Kim
Jamie Kim
Annelise Harper
Annelise Harper
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Employers will be familiar with Australia's anti-discrimination laws. However, a lesser-known protection that often falls under the radar is in the anti-discrimination provisions of work health and safety legislation.

In SafeWork NSW v Qantas Ground Services Pty Ltd (No. 4) [2024] NSWDC 53, SafeWork NSW succeeded in what appears to be the first prosecution for discriminatory conduct under the NSW and model work health and safety laws in Australia.

In this notable decision, the District Court of New South Wales accepted that an employee had been discriminated against under the Work Health and Safety Act 2011 (NSW) (WHS Act) when he was stood down after exercising his rights as a workplace health and safety representative. At the time, the employee, Mr Seremetidis (the Employee), was a high lift truck driver and an elected health and safety representative (HSR) working for Qantas Ground Services Pty Ltd (QGS) at Sydney International Terminal.

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