‘Vague’: Virgin prevents previous pilot’s bullying claims

Virgin Australia has actually submitted its legal defence versus the Federal Lawsuit brought by a previous senior pilot, implicating the ex-pilot of being unclear and his accusations not appropriately pleaded. Michael Fitzgerald held the position of head of flying operations at Virgin from 2017 up until he was ended from his position on March 1. He then on April 12. Fitzgerald declares that Virgin and its president Jayne Hrdlicka participated in office bullying versus him, which required him to go on a duration of leave from July 19, 2021. He was then informed by Virgin chief running officer Stuart Aggs on October 19 that Hrdlicka had actually lost self-confidence in him and should proceed, and declares he got redundancy choices through SMS text on October 25. On December 21, Fitzgerald submitted a bullying claim to the Fair Work Commission. In files submitted to the Federal Court on Monday, the airline company stated the unclear nature of Fitzgerald’s

court application and accusations of bullying that were not correctly pleaded left the entire case accountable to being struck out. In the court files, Virgin has actually rejected contravening any Fair Work Act arrangements or that it avoided Fitzgerald from working out work environment rights. The business verified that Fitzgerald took a duration of personal/carer’s leave on July 19 however declared he made no reference that he was suffering any disease or injury. No claims were made by the Candidate at

that time that he had actually been bullied at work, state court files submitted by Virgin’s legal representative and Seyfarth Shaw partner Ben Dudley. The business stated the previous senior pilot’s work was dismissed after 2 different independent medical inspectors discovered him to be clinically unsuited to perform his job. Regarding Fitzgerald’s Fair Work bullying claim submitted on December 22, Virgin court files state

: This was the very first celebration on which the Candidate had actually raised any issues that he had actually been bullied a work. The court files go on to state he went through medical exams with

2 independent experts, occupational doctor Dr Ki Douglas on January 27, and after that on February 11 with psychiatrist Dr Scott Chambers. In different reports sent by the 2 physicians, both stated Fitzgerald had a significant

depressive condition, Virgin’s court files state. Douglas stated he ought to stay off work till a psychiatrist’s evaluation considered him fit to return. On the other hand, Chambers ‘report likewise specified Fitzgerald was not able to go back to work and likewise that it was not likely

he would be fit to use up his position in the future. Chambers went on to state it was not likely Fitzgerald’s condition would enhance within 6 months. The sole factor for

the Participant’s termination of the Candidate was the Candidate’s continuous unfitness for work as an outcome of his medical condition, Virgin states. Fitzgerald will react to Virgin’s defence as the case continues. The Company Instruction newsletter provides significant stories, unique protection and specialist viewpoint.

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