By Jessica Yun
Virgin Australia has filed its legal defence against the Federal Court case brought by a former senior pilot, accusing the ex-pilot of being “vague” and his allegations “not properly pleaded”.
Michael Fitzgerald held the position of head of flying operations at Virgin from 2017 until he was terminated from his position on March 1. He then launched legal action against the airline on April 12.
Virgin Australia has lodged its defence against bullying and unfair dismissal claims brought by a former senior pilot.
Fitzgerald claims that Virgin and its chief executive Jayne Hrdlicka “engaged in workplace bullying” against him, which forced him to go on a period of leave from July 19, 2021. He was then told by Virgin chief operating officer Stuart Aggs on October 19 that Hrdlicka had lost confidence in him and ought to move on, and claims he received redundancy options via SMS text on October 25. On December 21, Fitzgerald filed a bullying claim to the Fair Work Commission.
In documents filed to the Federal Court on Monday, the airline said the “vague” nature of Fitzgerald’s court application and allegations of bullying that were “not properly pleaded” left the whole case liable to being struck out.
In the court documents, Virgin has denied contravening any Fair Work Act provisions or that it prevented Fitzgerald from exercising workplace rights.
The company affirmed that Fitzgerald took a period of personal/carer’s leave on July 19 but claimed he made no mention that he was suffering any illness or injury.
“No allegations were made by the Applicant at that time that he had been bullied at work,” state court documents filed by Virgin’s lawyer and Seyfarth Shaw partner Ben Dudley.
The company said the former senior pilot’s employment was dismissed after two separate independent medical examiners found him to be medically unfit to perform his job.
Regarding Fitzgerald’s Fair Work bullying claim filed on December 22, Virgin court documents state: “This was the first occasion on which the Applicant had raised any concerns that he had been bullied a work.”
The court documents go on to say he underwent medical examinations with two independent consultants, occupational physician Dr Ki Douglas on January 27, and then on February 11 with psychiatrist Dr Scott Chambers.
In separate reports submitted by the two doctors, both said Fitzgerald had a major depressive disorder, Virgin’s court documents state.
Douglas said he should remain off work until a psychiatrist’s assessment deemed him fit to return. Meanwhile, Chambers’ report also stated Fitzgerald was unable to return to work and also that it was unlikely he would be fit to take up his position in the future. Chambers went on to say it was unlikely Fitzgerald’s condition would improve within six months.
“The sole reason for the Respondent’s dismissal of the Applicant was the Applicant’s ongoing unfitness for work as a result of his medical condition,” Virgin states.
Fitzgerald will respond to Virgin’s defence as the case continues.
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