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An employer has failed to temporarily block the reinstatement of a sacked employee who it believed posed a "serious" health and safety risk to its workplace.

Last month, the Fair Work Commission ordered Virgin Airlines Australia to reinstate a cabin crew member, who it sacked because 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.

In unfair dismissal proceedings, Virgin had claimed the employee engaged in serious misconduct, as he "knowingly breached" its "clear rule" prohibiting staff from drinking alcohol within eight hours of commencing duties...