'Trust me, I'm a Captain'
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'Trust me, I'm a Captain'
'Trust me I'm your captain' 
November 14, 2007 - 10:28AM
A former Virgin Blue pilot sacked for allegedly forcing himself on a flight attendant says he was "ambushed" by management and dismissed unfairly.
Andrew Brooks, 51, was last month suspended from duty two days after an alleged drunken incident with a female flight attendant during an overnight stay at the Gold Coast.
The attendant alleged Mr Brooks tricked her into letting him into her Crowne Plaza hotel room on September 8 and made "unwelcome and unwanted" sexual advances.
Mr Brooks denied the allegations but was sacked on October 26 after the company said he was guilty of "serious misconduct".
Mr Brooks has lodged a complaint with the Australian Industrial Relations Commission, claiming the company bungled the complaints process and denied him a fair hearing.
According to documents lodged with the AIRC on behalf of Mr Brooks, the pair spent the evening drinking in the hotel bar with another flight crew.
When they retired for the night, early on September 9, the flight attendant alleged Mr Brooks forced himself into her room by asking to use her toilet.
In a letter to Mr Brooks, Virgin Blue senior lines manager Tony Kempnich said it had been alleged he had entered the attendant's hotel room "under false pretences, abusing your position/status as Captain, using words to the effect of 'It is just to use the toilet, you can trust me I am your Captain.' "
It was alleged he stayed in the woman's room, removed his underwear and walked towards her, repeatedly trying to kiss her, despite her pushing him away and telling him, "Stop, please leave, this is wrong."
The flight attendant also claimed she had to ask him to get a condom so he would leave her hotel room.
She then refused to let him back in and ignored his phone calls, according to the company's summary of the night's events.
At no point did the pair have sexual intercourse.
Mr Brooks - who is divorced - denied tricking the attendant into letting him enter her room and said their encounter involved "mutually enthusiastic sexual engagement", which included kissing, fondling and him performing oral sex on her.
In his application to the AIRC, Mr Brooks defended his "unblemished record as a pilot of over 32 years, the last six with Virgin Blue" and claimed the company denied him procedural fairness.
Mr Brooks alleged management breached its Pilot's Agreement when:
* he was suspended from duty at a "surprise" meeting and did not have legal or union representation there;
* he was suspended from duty pending an investigation of "serious allegations" when, by the company's admission, it "had not got to the point of making allegations against [him]";
* he was asked to attend a meeting to respond to the flight attendant's version of events without knowing what they were;
* he was not given a list of the allegations made against him but asked to show cause why he should not be sacked;
* two members of Virgin Blue management were kept on his case even after they conceded making premature conclusions against him;
* Virgin Blue made no finding of fact in relation to the credibility of the flight attendant's claims; and
* Virgin Blue did not provide him with reasons for, or details of, the decision to terminate his employment.
Virgin Blue declined to comment on the case.
A date for a conciliation conference between the two parties has not yet been set.
brisbanetimes.com.au
November 14, 2007 - 10:28AM
A former Virgin Blue pilot sacked for allegedly forcing himself on a flight attendant says he was "ambushed" by management and dismissed unfairly.
Andrew Brooks, 51, was last month suspended from duty two days after an alleged drunken incident with a female flight attendant during an overnight stay at the Gold Coast.
The attendant alleged Mr Brooks tricked her into letting him into her Crowne Plaza hotel room on September 8 and made "unwelcome and unwanted" sexual advances.
Mr Brooks denied the allegations but was sacked on October 26 after the company said he was guilty of "serious misconduct".
Mr Brooks has lodged a complaint with the Australian Industrial Relations Commission, claiming the company bungled the complaints process and denied him a fair hearing.
According to documents lodged with the AIRC on behalf of Mr Brooks, the pair spent the evening drinking in the hotel bar with another flight crew.
When they retired for the night, early on September 9, the flight attendant alleged Mr Brooks forced himself into her room by asking to use her toilet.
In a letter to Mr Brooks, Virgin Blue senior lines manager Tony Kempnich said it had been alleged he had entered the attendant's hotel room "under false pretences, abusing your position/status as Captain, using words to the effect of 'It is just to use the toilet, you can trust me I am your Captain.' "
It was alleged he stayed in the woman's room, removed his underwear and walked towards her, repeatedly trying to kiss her, despite her pushing him away and telling him, "Stop, please leave, this is wrong."
The flight attendant also claimed she had to ask him to get a condom so he would leave her hotel room.
She then refused to let him back in and ignored his phone calls, according to the company's summary of the night's events.
At no point did the pair have sexual intercourse.
Mr Brooks - who is divorced - denied tricking the attendant into letting him enter her room and said their encounter involved "mutually enthusiastic sexual engagement", which included kissing, fondling and him performing oral sex on her.
In his application to the AIRC, Mr Brooks defended his "unblemished record as a pilot of over 32 years, the last six with Virgin Blue" and claimed the company denied him procedural fairness.
Mr Brooks alleged management breached its Pilot's Agreement when:
* he was suspended from duty at a "surprise" meeting and did not have legal or union representation there;
* he was suspended from duty pending an investigation of "serious allegations" when, by the company's admission, it "had not got to the point of making allegations against [him]";
* he was asked to attend a meeting to respond to the flight attendant's version of events without knowing what they were;
* he was not given a list of the allegations made against him but asked to show cause why he should not be sacked;
* two members of Virgin Blue management were kept on his case even after they conceded making premature conclusions against him;
* Virgin Blue made no finding of fact in relation to the credibility of the flight attendant's claims; and
* Virgin Blue did not provide him with reasons for, or details of, the decision to terminate his employment.
Virgin Blue declined to comment on the case.
A date for a conciliation conference between the two parties has not yet been set.
brisbanetimes.com.au
Sounds very messy..... who to believe...? 
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Having followed this case closely from day one (no its not me!) all I can say is the person in charge of VB HR had better start sweating because after the way the case was handled I think they may be the one ending up looking for a new job
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Its all about fair process when situations like this arise....
From the posts it looks like Vb haven't followed correct HR practice....which you imagine would be fairly entrenched in management structues of a large airline...
From the posts it looks like Vb haven't followed correct HR practice....which you imagine would be fairly entrenched in management structues of a large airline...
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vans..............
Pakeha-boy has only repeated what I heard 40 years ago when I got into this aviation game.
Maybe one day, I'll grow up as well.
tipsy
Growing up is optional, growing old is mandatory.
Pakeha-boy has only repeated what I heard 40 years ago when I got into this aviation game.
Maybe one day, I'll grow up as well.
tipsy
Growing up is optional, growing old is mandatory.
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What a joke!
Why is the male named in this mess and yet the female is un-named and remains anonymous?
Why is the marital status of the male published for all to see yet the marital status of the accuser is also kept quiet?
What evidence has been shown to support or deny? Was a police report filed immediately? What is to stop any female from accusing any male in the same hotel building? Where is this going to stop??????!!!!!
Another one for the reverse discrimination file!
Her word against his and here in Australia we just love to cut a tall poppy and what taller poppy than one with an unblemished 32 year history?
Take 'em to town Captain! All of 'em and don't stop 'til your pockets are full.
bbbbbbbbbbbbbzzzzzzzzzzzzzzzzbbbbbbbbbbzzzzzzzzzzzzzzzzzzzzz z
Why is the male named in this mess and yet the female is un-named and remains anonymous?
Why is the marital status of the male published for all to see yet the marital status of the accuser is also kept quiet?
What evidence has been shown to support or deny? Was a police report filed immediately? What is to stop any female from accusing any male in the same hotel building? Where is this going to stop??????!!!!!
Another one for the reverse discrimination file!
Her word against his and here in Australia we just love to cut a tall poppy and what taller poppy than one with an unblemished 32 year history?
Take 'em to town Captain! All of 'em and don't stop 'til your pockets are full.
bbbbbbbbbbbbbzzzzzzzzzzzzzzzzbbbbbbbbbbzzzzzzzzzzzzzzzzzzzzz z
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Perhaps use of the gentlemans name was not really fair considering everyone is entitled to a fair trial. Hope justice prevails whatever it is. Might have some ineteresting flow on effects to the crew!!
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So this made the Virgin Blue?? sorry couldn't help myself. Obviously this was a missed approach by the captain? Thought he had the cross hairs lined up, through the middle marker, gear down and flap out and then sent around!
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You are right Mr Buzzy its the perfect case of Guilty until proven innocent.
As far as a police report is concened I can tell you there were never any reports or complaints reported to the Police MMMMM you would think that would be the first thing to happen after such serious allegations. I have been lucky enough to have the pleasure of flying with the accused many times over the years and he is one of aviations true gentleman.
VB HR you really should be ashamed
As far as a police report is concened I can tell you there were never any reports or complaints reported to the Police MMMMM you would think that would be the first thing to happen after such serious allegations. I have been lucky enough to have the pleasure of flying with the accused many times over the years and he is one of aviations true gentleman.
VB HR you really should be ashamed
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Why is the male named in this mess and yet the female is un-named and remains anonymous?
The report relates to an AIRC complaint (LR3 - he's not a defendant, he's an applicant!) between the named captain and Virgin Blue. The FAs conduct has no bearing on the issue as it relates to the company's actions following the original allegations, and whether they complied with their contract and IR legislation.
One wonders though what he will do if his application is successful. Would you go back to work in an industry where all the FAs suspect you are a threat? Regardless of what actually happened, he's got bugger all chance of beating the reputation.
Why is the Company involved?
At best shouldn't the cc member have cited irreconcilable differences and asked for a crew change and followed that up with an official Police report. Following the Police report then the Company would have been quite within their rights to sack the offendor.
Seems VB may have shot from the hip(oops no pun intended!).
To the wrongly dismissed........................"Show me the money,,,,Showwww meeeeeeeeeeeeeee the monnneeeeeeyyyyyyyyyyyy!
Lets hope this sets Andrew up for his forced retirement.
At best shouldn't the cc member have cited irreconcilable differences and asked for a crew change and followed that up with an official Police report. Following the Police report then the Company would have been quite within their rights to sack the offendor.
Seems VB may have shot from the hip(oops no pun intended!).
To the wrongly dismissed........................"Show me the money,,,,Showwww meeeeeeeeeeeeeee the monnneeeeeeyyyyyyyyyyyy!
Lets hope this sets Andrew up for his forced retirement.
Pakeha Boy gets an ovation from me. A little bit of humour goes a long way. If you take offence you are way too uptight and should try the hand yourself. Hey at least it was a female hostie. Current laws are far too skewed in the way of the plaintif and guilty until proven innocent is criminal in itself
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Seagull,
(emphasis added)
Well yes, you would, unless you've seen some of the things which get posted on these boards...
From the posts it looks like Vb haven't followed correct HR practice....which you imagine would be fairly entrenched in management structues of a large airline...
Well yes, you would, unless you've seen some of the things which get posted on these boards...
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If he has been with Virgin for 6 years and this is the first such complaint, maybe he has been lucky in the past with willing participants. If so, in a typical airline with the usual capacity for gossip, his reputation would precede him. So if this time he got it wrong, he is already a condemned man. On the other hand, even if he has no previous "form" in the pants-ing department, sadly it is going to be her word against his, and he will probably still come out the loser. Not like the good old days when he would have just got off with a reprimand, either. Makes me glad I am out of the game, otherwise there but for the grace......
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An almost identical case happend at another carrier some years ago between a male FA and a female FA.
The male FA took the company to court and won his job back + back pay + costs.
(BTW according to FBI stats., around 8% of harrassment and sexual assault allegations are false).
The male FA took the company to court and won his job back + back pay + costs.
(BTW according to FBI stats., around 8% of harrassment and sexual assault allegations are false).
Similar case here in Brisbane a while ago
http://www.thewest.com.au/aapstory.a...oryName=390632
turned into
http://www.abc.net.au/news/stories/2...15/1952916.htm
Was fired on the spot basically, had his name run though the media for it to be thrown out. The female in question was never named and remained anonymous through the whole event.
Guess the moral of the story is never put yourself in the situation where you can be sc*ewed in the non literal sense
http://www.thewest.com.au/aapstory.a...oryName=390632
turned into
http://www.abc.net.au/news/stories/2...15/1952916.htm
Was fired on the spot basically, had his name run though the media for it to be thrown out. The female in question was never named and remained anonymous through the whole event.
Guess the moral of the story is never put yourself in the situation where you can be sc*ewed in the non literal sense
Sprucegoose
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Where there's smoke, there's fire, or so my granny used to say....