Sacked pilot sues Qantas for $2m claiming ‘unfair dismissal’

A Qantas pilot sacked after failing to get vaccinated against Covid while he was undergoing cancer-related treatment has launched legal action.

A former Qantas 737 pilot is suing the airline for unfair dismissal over his vaccination status. Picture: Brendan Radke

A pilot sacked by Qantas after failing to comply with the airline’s Covid vaccination policy while he was undergoing cancer-related medical treatment is suing the carrier for close to $2m.

David Copley, 53, was a first officer on Boeing 737 aircraft when he was first diagnosed with bowel cancer in 2016, according to documents lodged in the Federal Circuit Court of Sydney.

A few years later he developed a malignant melanoma and in 2021 a test for prostate cancer returned an irregular result.

Subsequent surgical procedures exacerbated his bowel issues with his doctor recommending six months away from work “to allow his multiple comorbidities to settle”.

The diagnosis came just as Mr Copley was preparing to return to work after being stood down by Qantas from March 2020 to March 2021.

He had been medically recertified to fly by the Civil Aviation Safety Authority and Qantas, and undertook ground training throughout July and August.

The day he was due to fly to Melbourne for seven weeks of flight simulator training coincided with the prostate cancer result, and in response Mr Copley grounded himself.

His “incapacitation” meant his medical clearance to fly lapsed after Mr Copley provided medical certificates from his treating practitioners.

On September 20, 2021, Qantas set a deadline of November 15 for all pilots and cabin crew to be fully vaccinated against Covid-19.

Mr Copley underwent surgery on November 15 and in early December he received a letter from Qantas informing him he was not compliant with the vaccination policy.

No reference was made to his status as “long term sick” nor his pre-existing medical status. The court documents said the letter also failed to acknowledge Mr Copley did not have the necessary medical clearance to fly.

“Mr Copley asked for consideration of his personal circumstances and stressed he would be fully compliant with the (vaccination) policy by the time he returned to work,” said the court documents.

“Mr Copley’s medical conditions at the time were very serious. He was not in the workplace nor was he fit for duty. He posed no reasonable risk to any person at Qantas.” 

The documents said he sought compassion in written correspondence on December 23, but Qantas refused any accommodation. 

It was also alleged Mr Copley was denied time to consult with his specialist medical practitioners. 

The process escalated to the point where on March 25, 2022, Mr Copley was informed in writing his employment was terminated.

A subsequent appeal against the decision was dismissed and a conference before Fair Work Commissioner Sophie Mirabella in August failed to resolve the dispute.

As well as reinstatement to his pilot’s position, Mr Copley was seeking the recovery of lost wages based on his annual salary of $152,441.

In the event reinstatement was not ordered by the court, Mr Copley sought the equivalent of 12 years of lost wages, amounting to $1.8m plus $100,000 for pain and suffering, hurt and humiliation and reputational damage.

Qantas was expected to defend the matter at the first hearing in the Federal Circuit Court on February 24 next year.

“We knew there would be some special cases where employees would not be able to be fully vaccinated by the required date so we provided exemptions on a case-by-case basis,” said Qantas spokeswoman.

“Despite being given several opportunities to seek an exemption on medical grounds before and after the required date, Mr Copley chose not to.”

Originally published as Sacked pilot sues Qantas for $2m claiming ‘unfair dismissal’