Cabin crew member’s sacking has been overturned by the Fair Work Commission, but experts say case raises questions about workplace surveillance
Virgin Australia sacked cabin crew member Dylan Macnish after accessing hotel CCTV footage and room swipecard records which revealed he had organised a Grindr hookup.Virgin Australia sacked cabin crew member Dylan Macnish after accessing hotel CCTV footage and room swipecard records which revealed he had organised a Grindr hookup.
After he was moved to the afternoon flight, Macnish organised casual sex through Grindr, according to the Fair Work Commission ruling, “on the basis that having a physical interaction with someone would help him fall asleep”. Later in the morning, Macnish fell asleep before departing the hotel and attending his afternoon shift.
“There might be issues under the Privacy Act, certainly for the hotel in terms of the material that it’s collected, the personal information and people that have been filmed on the CCTV footage, and it might be said that the swipecard record also contains the applicant’s personal information as well,” Turner told Guardian Australia.
Dr Jacqueline Meredith, a law lecturer at Swinburne University, said the case raised complex legal issues related to the surveillance of workers and the boundary between work and private life. “In this context, an employee’s privacy concerns in relation to their personal off-duty activities can sometimes be outweighed by the employer’s work health and safety obligations.”
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