Virgin Australia has gained its enchantment in opposition to an unfair dismissal ruling over its sacking of a flight attendant for watching films, napping and coming to work with messy hair and with out make-up.
Final yr the Honest Work Fee (FWC) dominated DeVania Blackburn’s dismissal by her employer of 14 years was “harsh, unjust and unreasonable” and ordered her reinstatement.
The airline appealed the choice shortly after, and the FWC’s full bench has discovered the earlier ruling failed to contemplate prior warnings given to Blackburn and that the airline had sought alternate options to termination.
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“The Full Bench discovered that in deciding to exclude proof of the prior warnings, the Fee acted upon a incorrect precept,” the complete bench mentioned in its quashing of the choice.
Make up free and messy hair
Blackburn – a cabin crew supervisor – was fired over plenty of allegations of incidents that occurred totally on one flight in January 2021, together with being seen by her colleagues watching a film on an iPad because the crew performed an in-flight service.
On the identical flight, as an announcement the airplane was getting ready for touchdown was made, she was discovered asleep in a passenger seat.
Two witnesses mentioned they then noticed her leaving the flight with 4 handfuls of Virgin meals merchandise in her crew bag.
The airline additionally accused her in January and March 2021 of failing to adjust to Virgin Australia’s Look Ebook, which units out a costume code for workers.
It mentioned she was given two prior warnings in 2020 and 2021 for not assembly the costume code requirements.
“On January 31, 2021, you weren’t carrying make-up, your hair was messy with seen fly-aways and your nail polish was visibly chipped,” the findings of the airline’s investigation mentioned.
“On March 9, 2021, you weren’t carrying stockings,” it mentioned.
The commissioner was additionally given proof from a 2019 investigation which discovered Blackburn had misappropriated money from a passenger, and had been late for work on plenty of events.
Worker denies allegations
Blackburn denied the allegations and referred to her 14 years of service and former recognition by Virgin for her excessive efficiency.
She mentioned she was “heartbroken” by the accusations and regarded them as defamatory.
Blackburn additionally claimed, “the allegations had been fabricated and a bunch of individuals have been looking for to degrade and humiliate her”.
She believed it was a results of her complaints that the crew failed to scrub the bathrooms correctly, and that she had taken a go away of absence from the office.
Whereas the fee’s earlier resolution discovered it unfair that the airline had interviewed different staff concerning the hostess’ conduct, the complete bench dismissed this.
It additionally mentioned the earlier resolution had “mischaracterised” the occasions of January 31.
