VIRGIN AUSTRALIA: The curious incident of the flight attendant in the night-time

A Fair Work Commission has held that a flight attendant, Dylan Macnish did not breach Virgin policy. Macnish had a glass of prosecco 7.5 hours before a flight. He also used Grindr to get to sleep had not breached Virgin Australia rules for flight attendants.

Commissioner Pearl Lim agreed with Mr Macnish. who thought the eight-hour rule was a guideline rather than an absolute policy.

“He was compliant with the DAMP (Drug and Alcohol Management Plan) manual and Civil Aviation Safety Authority regulations at the time he commenced his duty,”

Pearl Lim, Fair Work Commissioner

Virgin Australia was appealing a decision by seeking a stay on the order to return to work within 21 days. The airline’s reasoning argued that the flight attendant would need refresher training because of his time away from the job. Additionally Virgin argued that he was still a “serious workplace health and safety risk”.

The airline’s arguments and the stay on the order have both been rejected by the commission.

Background to the Fair Work Commission case

Mr Macnish had consumed a glass of sparkling wine at a staff Christmas party. He then signed on for a red-eye flight from Perth, which required him to be on duty 7.5 hours later. Macnish reported his alcohol consumption to the cabin manager and undertook a breathalyser test that showed zero blood alcohol content. He also reported himself to a supervisor, once he had heard gossip that he had been ‘drunk on duty’.

The airline also accused Macnish of using a dating app to find a partner for sex while at Virgin-provided accommodation. This issue was raised, as he was on ‘fatigue’ leave as a result of trauma associated with a passenger urinating on him as he was offering assistance.

The ruling of the Fair Work Commission

On Friday (30 August), vice-president Mark Gibian did not agree with Virgin that Macnish was a risk. Given that he had voluntarily disclosed his alcohol consumption, subjected himself to a breathalyser test, and reported himself for a possible breach of policy.

“Those actions do not suggest he is a person who is likely to disregard his employer’s work health and safety policies.”

Mark Gibian, vice-president Fair Work Commission

So the request to stay the order for him to return to work within 21 days has been rejected, but the appeal on the original re-instatement decision is still pending on a date to be set.

2PAXfly Takeout

From the reporting of this incident, it appears the flight attendant has been a responsible employee, both suffering for assisting a passenger and being voluntarily truthful about his alcohol consumption.

It makes me question the motives of Virgin Australia to not re-instate this employee. Still, I am not in possession of all the facts, so I will trust the commission in this instant.

I do take some delight in the ruling about the use of Grindr, which Virgin sought to portray as the employee seeking sex on a Virgiin-funded hotel stay while on fatigue leave.

Macnish claimed his use of the Grindr app was to assist him to get to sleep, an argument accepted by the commission.

“Whilst that may not be the way that everyone chooses to help them fall asleep, it does not mean that Mr Macnish was manipulating or misusing the fatigue entitlement.” Ms Lim said,

Pearl Lim, Fair Work Commissioner

I have often found the use of Grindr to be soporific.

You can read more in the coverage in The Australian (may be behind a pay wall)