Qantas female pilot returns to Federal Court alleging ‘hostile’ workplace
A Qantas female pilot has returned to the Federal Court in a fight against her employer, maintaining allegations her workplace was ‘hostile’ to women.
A Qantas female pilot has returned to the Federal Court in a fight against her employer, asking to file an updated case maintaining claims the company is “hostile to women”.
Davida Forshaw, who is still employed by Qantas, first lodged her case against the company in October 2022 claiming “improper conduct” towards her and a “sexist culture” had impeded her career.
On Wednesday, Ms Forshaw’s lawyers brought an application for leave to file an amended statement of claim after Federal Court judge Leslie Snaden ruled last year nine paragraphs in her original claim should be dismissed, but not the entire case.
Ms Forshaw, an advocate for gender equality and employee of Qantas for 23 years, has alleged in 2006 a male captain told her she would “do a lot better” if she wore a push-up bra and dyed her hair blonde.
In his judgement delivered in August, Justice Snaden said Ms Forshaw’s claims about a sexist workplace culture were not “salvageable”.
But for Ms Forshaw — who was in court on Wednesday — barrister Dilan Mahendra said the amended statement of claim has identified “human agents” responsible for maintaining a workplace free from discrimination, included allegedly sexist posts shared by pilots on a Qantas chatroom and will point to statistics which highlight female pilots are twice as likely to report bullying incidents.
“We say the Qantas workplace in which Ms Forshaw was employed was a workplace that was hostile to women,” he said.
“We name … those persons failing to prevent the existence of a sexist culture and or allowing it to continue. (They) failed to ensure Qantas employees (were) adequately trained.
“That is intended to squarely address … precisely what it is the respondent (Qantas) failed to do in so far as failing to prevent a sexist culture or allowing it to continue.”
Ms Forshaw says she “suffered” adverse action, which Mr Mahendra said Qantas argued was subjective.
“We say in so far as use of the word ‘suffered’, it’s not here nor there. We have particularised why that is so,” he said.
“The ultimate submission we will making … (is) the reason they failed to take those steps was because Ms Forshaw was a woman.”
Ms Forshaw’s solicitor is Maurice Blackburn’s Josh Bornstein.
But appearing for Qantas, barrister Kate Eastman SC told the court the Ms Forshaw’s amended statement of claim does not address “deficiencies” identified by Justice Snaden.
“What seems to be the answer to the criticism is to say ‘that’s easy, we will lift the corporate veil. We will say the (the people responsible are) any or every director, CEO, CFO or direct reports over a period of time,” she said.
“Qantas should know what is the action taken by each of those persons, not what the effect is.” Later, she said these individuals are said to have a responsibility to fostering am inclusive culture, “which is never defined anywhere”.
Ms Eastman said Ms Forshaw’s case failed to address the “critical” issue that must be pleaded if Qantas is able to respond, which is “what action was taken, not simply the consequence”.
She said Ms Forshaw’s case was premised on the concept of culture, which is an “elusive amalgam” of opinions, events and experiences that are “said to cause harm to the applicant”. As well, she said Ms Forshaw’s case gave a “very vague” description of what is said to be a sexist culture.
“An inclusive and diverse workplace culture at Qantas. Does that mean at the airport, behind the scenes, anybody who travels on a Qantas service … the board,” she said.
A Qantas spokesman said: “The employees (Ms Forshaw) accused of discrimination or harassment were stood down from work while we investigated. Ms Forshaw’s claims were not substantiated.”
Justice Snaden reserved his decision on the application.
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