‘Too many drinks’: Major win for Virgin worker sacked after Christmas party

A flight attendant has won his bid to be reinstated at work after taking the airline to a tribunal over his ‘unfair’ sacking.

A cabin crew staffer has won his fight against Virgin after the airline dismissed him for drinking a glass of prosecco several hours before work.

Dylan Macnish filed an unfair dismissal claim against Virgin in the Far Work Commission after being sacked in 2023 over two incidents that year.

It came after a colleague reported she believed the young man had come to work “hungover” in September, an allegation he denied in a meeting with his boss.

The airline took action against the Perth-based hostie months later stemming from an incident at the staff Christmas Party on December 17, where he was seen drinking a single glass of prosecco.

Dylan Macnish (centre) won his unfair dismissal case.

Mr Macnish, the commission heard, had this drink seven-and-a-half hours before a red-eye shift he accepted later that night, which the company said breached its policy not to drink within eight hours of work.

He argued it was not clear in work training whether this was a hard rule or “guideline”, and that he took reasonable steps to ensure he was cleared to work by speaking with superiors and breathalysing himself.

Commissioner Pearl Lim found last week that Mr Macnish had breached the policy but it “did not give rise to a valid reason” for dismissal.

Even if she was satisfied it was valid, the commissioner said, it would still be “harsh” due to steps Mr Macnish had taken before working and afterwards to address the issue.

“Mr Macnish was not in the situation of someone who was rostered on to work, had too many drinks at the Virgin Christmas Party and then proceeded to turn up to work,” she wrote in her judgment.

“He was not rostered on at the time he attended the Virgin Christmas Party.”

Virgin claim he had breached work policies. Picture: NCA NewsWire / Nicholas Eagar

The Christmas Party incident was cited in a February termination letter as the basis for Mr Macnish’s firing, documents tendered to the commission show.

It followed a previous issue in November where Mr Macnish asked for a later trip back to Perth, having dealt with a passenger’s medical episode on a flight to Brisbane the night before.

The commission heard the passenger had collapsed on board and accidentally urinated on Mr Macnish’s sleeves while the cabin crew member searched for an oxygen mask.

He was scheduled for a paxing flight – where a cabin crew member travels as a passenger but may be required to work – the next morning but contacted rostering staff to ask for an afternoon trip instead.

Mr Macnish cited fatigue as he had been unable to sleep due to the stress of the medical incident, the commission heard.

He then used the gay dating app Grindr to arrange a sexual encounter at the hotel he was staying in the hope it would help him sleep, the commission was told.

“He met with an individual outside his hotel, and they went up to Mr Macnish’s hotel room. They had sex and Mr Macnish fell asleep shortly after,” the commissioner wrote.

Virgin, however, were concerned that the early morning request for a later start suggested their staffer had been out late at night and investigated.

Boss Lydia Ridge, leader of Crew Culture, requested CCTV footage of Mr Macnish’s hotel hallway and his hotel room swipe card record.

She later sent Mr Macnish a letter on December 12 informing him that Virgin was investigating two allegations of misconduct.

The commission found the staffer had been unfairly dismissed. Picture: Pema Tamang Pakhrin

The company initially denied the urinating incident took place and claimed Mr Macnish had removed himself from rostered duty to engage in “social activities”.

Commissioner Lim found Virgin’s approach to this incident “mystifying”.

In the judgment, she wrote that Ms Ridge “conceded that if a straight, married man were to have sex with his wife after accessing fatigue, then it would ‘probably not’ be any of Virgin’s business to comment on it.

“Ms Ridge also acknowledged that it is common practice for Virgin employees who are on layovers or who are working in other cities away from their home base to use dating apps when they are staying in Virgin-provided accommodation.

“There is nothing wrong with using dating apps for casual sex. What happens between informed and consenting adults is their own business, unless it breaches a lawful and reasonable workplace policy.”

Commissioner Lim found Mr Macnish had been unfairly dismissed and ordered he be reinstated to work within 21 days.

The commission heard Mr Macnish made no claims for backpay, and none was ordered.