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The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.

In February this year, Virgin Airlines Australia sacked a cabin crew member for serious misconduct, after he drank a glass of prosecco at the work Christmas party and then signed up for a red-eye flight scheduled for 7.5 hours later.

The employee subsequently claimed unfair dismissal, arguing the employer's policies on consuming alcohol prior to duties were "confusing".

He also noted he took numerous steps to determine whether he could work the red-eye flight prior to doing so, including asking the relevant cabin crew manager, checking the employer's drug and alcohol management program (DAMP) manual, and breathalysing himself...