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Worker "genuinely believed" safety rule was a guideline; reinstatement stands

An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.

The unfair dismissal decision under appeal did not set an "unattainable standard" for employee training, as the employer argued, the Fair Work Commission full bench held.

The case involved a Virgin Airlines Australia cabin crew member who was dismissed for serious misconduct in February last year, specifically because he consumed one glass of prosecco 7.5 hours before he was due to start a shift, in breach of Virgin's eight-hour rule. He successfully claimed this was unfair, arguing the employer's policies on consuming alcohol prior to duties were "confusing"...

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