Qantas ups the stakes in court battle with former pilot

Qantas has lost patience with a former pilot suing the airline for alleged underpayment of his leave entitlements, launching a counterclaim that could leave him destitute.

Qantas has launched a counterclaim against a former pilot who has alleged his leave entitlements were underpaid by the airline. Picture: Liam Kidston.

Qantas has launched a counterclaim against a former pilot who first took the airline to court for age discrimination and is now suing them for allegedly underpaying his leave entitlements.

Andrew Hewitt, the son of former Qantas chairman Sir Lenox Hewitt, reached a confidential settlement with his former employer in the age discrimination case.

Qantas has claimed part of that settlement was a “promise not to sue” and said Mr Hewitt was not entitled to make the claims he was now making in regard to his leave payments.

The long-serving Boeing 747 captain took action last year when he was offered an early retirement package by Qantas rather than a redundancy because he was over 63.

Qantas argued that due to the Covid crisis, pilots like Captain Hewitt would turn 65 by the time international flying resumed, which would rule him out of operating those services.

Documents filed in the Federal Court revealed Qantas agreed to pay Mr Hewitt a redundancy which was worth considerably more than early retirement, as part of the settlement.

However he launched a new case last month, accusing Qantas of underpaying his annual and long service leave entitlements by $92,000.

Mr Hewitt argued that the sums paid by Qantas were calculated on the minimum number of hours flown in his last six roster periods, rather than the hours he actually flew.

If the case succeeded, it could open the floodgates for other pilots whose entitlements were calculated in the same way to seek additional payments.

In its defence and counterclaim filed in the Federal Court, Qantas disputed Mr Hewitt’s assessment of his leave entitlements and argued he had no right to take further court action.

“Mr Hewitt brought this proceeding in breach of the ‘promise not to sue’,” stated the Qantas defence.

“Mr Hewitt is not entitled to maintain the claims that he makes against Qantas in this proceeding and the settlement agreement constitutes a bar and a complete defence to this proceeding.”

In the event Mr Hewitt’s action was found to be in breach of the “promise not to sue”, the Qantas counterclaim sought to recover all costs from the former employee.

“The settlement agreement includes a term to the effect that if Mr Hewitt breaches any of his obligations under the settlement agreement, he agrees to indemnify Qantas against any loss, cost, damage or expense, including but not limited to legal fees, that Qantas incurs as a consequence,” said the counter claim.

“Qantas’ loss includes the legal fees that Qantas incurred in defending the principal proceeding brought in breach of the ‘promise not to sue’.”

Neither Mr Hewitt nor his solicitor Kim Hunter would comment on the case.

A Qantas spokesperson said Covid had dealt a devastating blow to the aviation industry, resulting in the loss of thousands of employees.

“In relation to Mr Hewitt, Qantas has met all its obligations under the relevant enterprise agreement and will be defending the claim,” said the spokesperson.

It’s the latest in a series of court actions involving Qantas which will be back in court next month over the outsourcing of 2000 ground handling workers.

Although Qantas is appealing the Federal Court judgment that found the outsourcing was unlawful, remedy hearings to decide the fate of those workers are set down for December 13.

A Transport Workers Union survey of the workers, found 78 per cent wanted to return to their old jobs at Qantas.

The airline has accused the TWU of giving the workers’ “false hope”, saying that financial compensation was the most likely outcome if their appeal was unsuccessful.

Originally published as Qantas ups the stakes in court battle with former pilot