source : the age
Virgin Airlines has lost its bid to overturn a ruling by the nation’s workplace tribunal in which it was found to have unfairly sacked a cabin crew member for consuming a glass of prosecco more than seven hours before his shift.
Perth cabin crew member Dylan Macnish was dismissed in February 2024 after being accused of breaching company protocol by consuming alcohol less than eight hours before clocking in to work on a “red-eye” flight to Sydney — an error he self-reported for a shift he had offered to cover.
The Fair Work Commission handed down the ruling this week.Credit: The Fiji Times
While acknowledging Macnish had breached Virgin’s policies by not adhering to the “eight-hour rule”, Fair Work Commissioner Pearl Lim concluded there was no valid reason for him to be dismissed.
In making the ruling in August, Lim found the airline’s drug and alcohol manual did not contain a blanket prohibition on drinking eight hours before a shift and that Macnish had not breached regulatory guidelines.
Lim also determined Virgin erred in relying on prior allegations of misconduct advanced before Macnish’s dismissal concerning breaches of the company’s fatigue management policy.
The commission was told Macnish requested a later return flight to Perth because of fatigue after being urinated on by a passenger he was tending to during a medical episode.
Virgin launched its own probe into Macnish after receiving his request, pulling CCTV footage and a record of his hotel swipe card from his crew accommodation and uncovering he had engaged in “social activities” by inviting a guest he met on a dating app to the room.
Macnish was then sacked, with Virgin refusing to accept his explanation for his conduct and repeated assurances he would not commit any further breaches.
While accepting the industry was highly regulated and safety was paramount, Lim ruled Macnish’s conduct did not warrant dismissal, that he had learned his lesson and should be reinstated.
Virgin appealed the ruling just over a week after it was handed down, maintaining it was justified in its response.
But the appeal bid was quashed on Tuesday, with the full bench concluding the determination was reasonable and rejected Virgin’s claim the ruling could set a problematic precedent when it came to its employee training approach.
A spokesperson for Virgin Australia said it was disappointed with the outcome of its appeal.
Macnish has been contacted for comment.
