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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.”
