A flight attendant in Australia has won his bid to be reinstated after he was sacked over claims that he was hungover, a drink of prosecco at a Virgin Australia Christmas party, and a Grindr hook-up.
Anything less, according to a commissioner who arbitrated the case, would be “harsh.”
Related:
The Australian “hostie,” Dylan Macnish, filed an unfair dismissal claim against Virgin Australia with the country’s Fair Work Commission after his dismissal last year over the incidents.
Global perspectives delivered right to your inbox
Our newsletter bridges borders to bring you LGBTQ+ news from around the world.
In September, a colleague ratted the young man out, alleging he had come to work “hungover,” an allegation he denied in a meeting with his boss. Months later, Macnish was sacked after he was witnessed drinking a glass of prosecco at a Virgin Christmas party before a flight.
The drink, however, was imbibed seven-and-a-half hours before the red-eye shift, which was only scheduled after the party concluded and at the company’s request.
Knowing the cut-off rule for alcohol consumption is eight hours, Macnish sought permission for the shift with superiors and breathalyzed himself.
“Mr. Macnish was not in the situation of someone who was rostered on to work, had too many drinks at the Virgin Christmas Party, and then proceeded to turn up to work,” Commissioner Pearl Lim wrote in her judgment.
But there was more.
Virgin cited a second incident as reason for Macnish’s dismissal: a Grindr hook-up he initiated at a Virgin hotel ahead of a flight that he had rescheduled.
Macnish told the commission that the night before, he had been on a flight when a passenger required medical attention; the incident included the ill individual urinating on Macnish while another crew member searched for an oxygen mask.
Macnish sought a later flight because he was stressed out following the medical emergency and couldn’t sleep. In order to relax, Macnish got on Grindr and found a hook-up, whom he invited to the hotel.
“He met with an individual outside his hotel, and they went up to Mr. Macnish’s hotel room,” the commissioner wrote in her finding. “They had sex and Mr. Macnish fell asleep shortly after.”
Virgin, however, believed Macnish pushed his flight because he had been out late and was intoxicated and cruising for sex. They investigated, requesting CCTV footage of Macnish’s hotel hallway and his hotel room swipe card record.
Following the Christmas party incident a few weeks later, Virgin fired him.
The Fair Work commissioner found Virgin Airways’ approach to Macnish’s case “mystifying.”
In her judgment, Commissioner Lin wrote that the airline “conceded that if a straight, married man were to have sex with his wife after accessing fatigue, then it would ‘probably not’ be any of Virgin’s business to comment on it.”
They also acknowledged, she wrote, that “it is common practice for Virgin employees who are on layovers or who are working in other cities away from their home base to use dating apps when they are staying in Virgin-provided accommodation.”
“There is nothing wrong with using dating apps for casual sex,” Lin found. “What happens between informed and consenting adults is their own business, unless it breaches a lawful and reasonable workplace policy.”
Macnish was ordered to be reinstated to work within 21 days. He made no claims for backpay and none was ordered.
Don’t forget to share:
Good News is your section for queer joy! Subscribe to our newsletter to get the most positive and fun stories from the site delivered to your inbox every weekend. Send us your suggestions for uplifiting and inspiring stories.
