The employee had been a cabin crew supervisor since June 2007, lodging an unfair dismissal application on the basis that her dismissal was harsh and unreasonable, and sought for reinstatement.

Various allegations were made against the applicant, including breaching the Virgin Australia’s code of conduct policy.

These breaches included:

• Removing snacks from the aircraft
• Sitting in a passenger seat, watching movies on an iPad and falling asleep when required to observe the flight procedures
• Not returning to cabin crew seat for landing.

Additionally, the employee was accused of breaching the attendance policy on multiple occasions, including being late for duty and not signing on for duty prior to the flight.

The flight attendant was also accused of breaching Virgin’s dress code, despite recent discussions about improving her presentation.

Decision

The FWC considered the applicant’s 14-year long-standing employment, and how the employee had been off work for extended periods of time due to COVID-19 stand downs.

The events in question took place over a very short period in comparison to her length of service, and alternatives to termination were not reasonably considered by Virgin.

The airline also took four months to investigate the case and stated the delay was due to dealing with other COVID-related matters.

Whilst Virgin gave the flight attendant an opportunity to respond to the proposed dismissal, the FWC found the disciplinary process to be procedurally unfair due to the extended timeframe and failure to notify the employee that prior warnings would be considered in her dismissal.

Taking account of Virgin’s failure to consider other disciplinary options and the applicant’s medical condition which affected her ability to comply with a sign-on procedure, the FWC considered the dismissal to be harsh, unjust and unnecessary and ordered the flight attendant be reinstated.

Learnings for Business

This case demonstrates the importance of having a procedurally fair disciplinary process and considering the bigger picture when taking disciplinary action with long-standing employees. The disciplinary process should be completed without undue delay and alternatives to termination should be considered prior to dismissal. Additionally, this case reminds us that the FWC has the power to order reinstatement of dismissed employees, not just compensation.

How the Victorian Chamber can help:

Unfair dismissal cases can be both costly and time consuming to any business. Before you take any action, please call the Victorian Chamber Workplace Relations Advice Line on (03) 8662 5222 to discuss your obligations. Our experienced Workplace Relations Consultants can also assist you with strategic guidance in managing employees and navigating unfair dismissal claims.

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