One of Australia’s main airways has gained a authorized battle with a flight attendant who was accused of stealing meals and sleeping at work, and who had argued she’d been unfairly dismissed.
In July 2021, DeVania Blackburn acquired news she’d been dismissed from her function as cabin crew supervisor with Virgin Airlines, who she’d labored for since 2007.
Despite receiving a listing of allegations as to why she’d misplaced her job – together with being late for work on quite a few events, watching a film, falling asleep throughout a shift and stealing meals from the plane – she argued she’d been unfairly dismissed.
In a listing of allegations from the airline, Ms Blackburn had been seen by witnesses leaving the plane with Virgin meals merchandise.
She was additionally seen watching a film on her iPad throughout in-flight service after which later asleep in a passenger seat on the identical flight.
During preliminary proceedings, Fair Work Commissioner Paula Spencer agreed with Ms Blackburn and stated the dismissal was “harsh, unjust and unreasonable”.
Ms Blackburn had argued proof equipped by Virgin supporting its accusations got here from her fellow staff and was a “fabricated” try to “degrade and humiliate her”.
In the preliminary determination, the Commissioner finally determined her dismissal was uncalled for.
“The dismissal was harsh, unjust and unreasonable in all of the particular circumstances of the breaches of duty and the procedural fairness matters,” Commissioner Spencer stated.
“Taking into account all of the facts and circumstances of the matter, on balance, reinstatement is appropriate and an order for continuity of service is issued.”
Virgin was ordered to reinstate Ms Blackburn’s job, nevertheless, that order was stayed when the airline lodged an attraction to the total bench of the Fair Work Commission (FWC).
Among 5 different grounds to attraction, Virgin Australia argued Ms Blackburn had did not adjust to the airline’s “Look Book” which determines how an worker should costume and seem whereas working on-board a flight.
The airline argued that on January 31, 2021 Ms Blackburn was “not wearing makeup, (her) hair was messy with visible flyaways, and (her) nail polish was visibly chipped.”
They additional argued she was not sporting stockings for work on March 9, 2021.
Virgin additionally argued Commissioner Spencer failed to think about the a number of warnings issued to Ms Blackburn within the years previous to the dismissal.
The first warning, in keeping with courtroom paperwork, was given to Ms Blackburn in 2019 when Virgin Australia had substantiated an accusation that she had “misappropriated cash from a passenger”.
In response, Ms Blackburn had instructed her employer she acquired money from a passenger throughout a flight and was going to pay for his or her buy utilizing her private bank card, however had forgotten.
The second warning she had acquired was for non-compliance with Virgin’s attendance coverage.
The full bench of the FWC thought of these warnings and located that Ms Blackburn was “fully aware of her obligations” and “had been warned of conduct of this type on previous occasions”.
The full bench upheld all grounds introduced by the airline, and quashed the unique determination.
“Having found that (Ms Blackburn’s) dismissal was not harsh, unjust or unreasonable, we are also satisfied that (Ms Blackburn) was not unfairly dismissed.”
Virgin Australia has been contacted for remark.
