Virgin flight attendant who allegedly slept on job, had messy appearance unfairly sacked: FWC

A veteran flight attendant sacked after she allegedly fell asleep while on duty should be given her job back, according to the Fair Work Commission.

A Virgin Australia flight attendant sacked after she allegedly watched a movie and fell asleep while on duty should be given her job back, the Fair Work Commission has held.

DeVania Blackburn, who had worked with the airline for 14 years, was fired after the carrier complained of her behaviour while a crew member on a flight in January last year.

Virgin claimed that one of the reasons Ms Blackburn was dismissed was that on a fight on January 31 last year she did not adequately perform her role as a supernumerary flight attendant, instead had sat in a passenger seat, watched a movie and fallen asleep.

Virgin also said Ms Blackburn had not been wearing makeup on the flight, her hair was messy and her nail polish chipped in breach of the airline’s Look Book but the airline said this did form part of the dismissal claim.

Virgin also claimed she had misappropriated food and had been tardy in her attendance.

In an application to the Fair Work Commission for reinstatement, Ms Blackburn said she had not been afforded procedural fairness in both the investigation of the allegations against her and her eventual termination.

A Virgin Australia flight takes off at Sydney airport.

She said on the flight in question she had been feeling unwell and had sat in the last row of the aircraft after observing boarding and service preparation.

She said her grooming standards on the day exceeded expectations and the allegations had been “made out of spite.”

She denied she had taken food from the earlier flight.

Fair Work Commissioner Paula Spencer said that given Ms Blackburn’s length of service and mitigating circumstances including illness, the dismissal was harsh, unjust and unreasonable and she should be reinstated.

Commissioner Spencer said the issues raised by the airline had occurred in the space of just over a month and a number of allegations related to one flight.

Ms Blackburn was a “long serving, experienced employee who had risen to the level of supervisor.”

She had refuted a range of the alleged breaches of conduct such as the removal of the food product from the flight.

The commission held that in not providing timely communication of her medical condition she had contributed to Virgin’s complaints about her attendance but “the alleged breaches occurred in a confined period, in short proximity to each other and in the circumstances might have been dealt with by a significantly clear warning.”