Qantas has been found guilty of illegally standing down a worker who raised concerns about the COVID-19 risk to staff who were cleaning aircraft arriving from China in the early phases of the pandemic.

Theo Seremetidis worked for subsidiary Qantas Ground Services (QGS) at Sydney International Terminal as a lift truck driver in 2020 and was also an elected health and safety representative.

In a case before the NSW District Court brought by SafeWork NSW, the company was accused of standing him down in early February 2020 after he gave colleagues a direction to cease unsafe work in accordance with that function.

The case alleged this amounted to discriminatory conduct for a prohibited reason under Work Health and Safety legislation.

Judge David Russell today concluded the offence had been established beyond reasonable doubt and found QGS was guilty.

He formed a favourable view of Mr Seremetidis as a witness, describing his memory of events as "detailed and largely accurate" when compared to records.

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

"He kept himself up to date with the literature and with government announcements, even doing research on his day off."

'I felt that I was being targeted'

The judge accepted the submission that QGS "actively sidelined" Mr Seremetidis, by keeping him in the blanket bay and "cutting him off" from other staff who were seeking his help.

"I find that QGS saw the giving of the directions by Mr Seremetidis to cease work as a threat to the conduct of business, and in particular, a threat to the ability of QGS to clean and service aircraft and get them back in the air."

 

Mr Seremetidis said he felt targeted by Qantas but the decision vindicated his actions. (AAP: Dean Lewins)

QGS was further accused of engaging in discriminatory conduct by "threatening to take disciplinary action" against Mr Seremetidis in February 2020.

But the judge found QGS not guilty on that charge because two lines in a letter said to have constituted the threat were "nothing more than the giving of procedural fairness".

The court has not yet determined a penalty.

Outside court, Mr Seremetidis said the decision sent a message to all companies and all health and safety representatives.

"I felt that I was being targeted," he said.

He recalled early 2020 as a period where staff were "panicking" and said he felt vindicated.

"I want them to change their behaviour," he said.

Qantas defends safety measures early in pandemic

 

There was concern about the risk associated with cleaning aircraft arriving from China.(Supplied: Qantas)

In a statement Qantas said it was considering the judgement.

"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.

"Our medical and safety teams worked tirelessly to provide daily updates to employees and to put effective controls and procedures in place to help protect our people and customers."

Richard Olsen from the Transport Workers' Union said Mr Seremetidis stood up for himself and workers, despite being "ridiculed".

He said the court's ruling puts a "question mark" over the legacy of former chief executive Alan Joyce.

"We need to reset this company," Mr Olsen said.