Qantas staff suing over vaccine mandate hit another wall

The attorney representing the group of Qantas workers opposing the airline’s vaccine mandate has been ordered to rewrite their case for the third time.

The group of 24 workers, which include pilots and engineers, claim that the vaccine requirement for all staff is discriminatory and breaches the fair work and privacy acts.

A second interlocutory hearing was held on Monday before Federal Court Justice Darryl Ragiah, who was concerned about the lack of clarity regarding the case.

Representing the Qantas staff was lawyer Rob Grealy, who attempted to explain why the workers believed the vaccine mandate was unlawful and discriminatory and promised to produce medical and scientific evidence in support.

“There are circumstances in which the Human Rights Act allows discrimination or impingement on human rights where those circumstances are serious enough to warrant that sort of conduct,” Grealy said.

“In our view the risk posed by the virus in the Qantas workplace was not significant enough to warrant the vaccination mandate.”

To which judge Ragiah replied “your position ultimately might not matter” before ordering Grealy to again rewrite his submission, marking it the third submission.

“The pleading to me seems to be unsatisfactory. It’s unclear, it’s scrambled, some of the order of what is alleged doesn’t seem to make sense and some of the allegations, it’s difficult to determine their relevance,” Ragiah said.

“What I think is going to have to happen, it’s going to have to be pleaded in a succinct and clear way so that I can understand clearly for example on what basis you say the directions were unreasonable or unlawful. I just don’t have that clarity at the moment.”

Ragiah pointed out that Grealy already had two opportunities to illustrate his case in the original statement of claim and in the points of claim.

“Can I make the suggestion it may be time to consider having counsel draw the next attempt at pleading given that it is an underrated specialist skill. I don’t mean to be critical,” Ragiah said.

Grealy clarified that he was speaking to a senior counsel in response to the judge’s suggestion.

Ragiah gave Grealy a new deadline of 4 March to file a new application, which would be heard on 30 March.

Qantas introduced its vaccine mandate last year after a survey of its staff showed 89 per cent were already fully vaccinated or willing to be.

Qantas frontline staff were given until 15 November 2021 to be vaccinated and the rest of the workforce was allowed until 31 March 2022 to reach the requirements of the mandate.

Those who refuse the COVID vaccine are subject to a six-stage process that could result in their termination.

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fair work and privacy acts Federal Court Justice Darryl Ragiah Human Rights Act qantas Qantas vaccine mandate Rob Grealy vaccine mandate