The Case

R v Virgin Australia Airlines Pty Ltd (2023)

An employee who was employed by Virgin Airlines Australia Pty Ltd (Virgin) to undertake baggage-handling duties was summarily dismissed in December 2022.

The dismissal arose from an incident on 3 September 2022, when the employee, who was driving an aircraft pushback vehicle, was involved in a near miss with another pushback vehicle. The employee filed an incident report alleging that the other driver was disoriented and distracted, and should undergo a drug and alcohol test.

When Virgin investigated the incident, the other driver alleged the employee had deliberately driven into his blind spot to get him in trouble. This version of events was supported by other witnesses.