Virgin’s dismissal of flight attendant for consuming one glass of Prosecco at work Christmas Party found to be unfair. The Fair Work Commission consequently ordered that the flight attendant is to be reinstated.
Virgin relied on a strict ‘zero tolerance’ approach to breaches of their Drug & Alcohol policy which stipulates that ‘cabin crew shall abstain from consuming alcohol (whether or not an alcoholic beverage) at the time period of 8 hours immediately before commencing flight duty.’
This approach was found to be unfair, considering that the employee could not have been intoxicated at the time of the flight as the drink was consumed 7.5 hours before the flight. The decision emphasises the need for employers to be able to prove intoxication in relation to serious misconduct.
Read the full decision here: https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc2154.pdf
MKL Legal can assist employers in managing conduct in the workplace and compliance with workplace policies and procedures. Please get in touch if you require further guidance and assistance.
