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Virgin Australia ordered to rehire dismissed flight attendant

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Virgin Australia ordered to rehire dismissed flight attendant
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Virgin Australia has been ordered to reinstate flight attendant Dylan Macnish after an Australian employment tribunal ruled his February 2024 dismissal was unfair. Macnish had violated the airline's policy requiring abstinence from alcohol within eight hours of duty by drinking at a Christmas party. He claimed to have checked a breathalyzer before reporting for work.

Macnish called out fatigued, delaying his schedule, and arranged a sexual encounter via a dating app, which he said would help him relax and sleep. The Fair Work Commission found the airline’s reasons for terminating him “mystifying” and deemed their actions overly harsh. The commission suggested that if Macnish had called out for heterosexual sex with a spouse rather than an app hookup, the airline might not have taken issue.

This case is not isolated. In 2022, Virgin Australia was also ordered to reinstate another flight attendant dismissed for napping on the job, watching movies during flights, showing up late, violating uniform standards, and taking food meant for passengers. The government labeled her firing as “harsh, unjust and unreasonable.”

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In another instance, a Qantas flight attendant received approximately AU$33,000 in compensation after being dismissed for stealing alcohol and lying about it. Despite being found with various alcoholic beverages hidden on his person, he claimed ignorance of how they got there.

The workforce commission has upheld dismissals in some cases involving severe misconduct. For example, one flight attendant was fired after showing up drunk following 14 cocktails but argued he shouldn't be held responsible due to bar drink specials and instructions from the airline to fly home rather than work his assigned flight post-hospitalization.

Qantas successfully terminated another flight attendant who stole alcohol while on duty and lied about it. Although the government suggested that merely drinking on the job wouldn't have warranted dismissal alone.

These cases highlight challenges faced by employers in enforcing disciplinary actions within Australia's regulatory framework.

Organizations Included in this History
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