A pilot who was charged with the murder of an elderly pair of campers is suing his former employer for unfair dismissal.
Greg Lynn, 55, has lodged papers in the Fair Work Commission after Jetstar sacked him in January.
In November, Lynn was arrested and charged with the murders of Russell Hill and Carol Clay in the Wonnangatta Valley on 20 March 2020.
Lynn’s unfair dismissal claim is being assisted by the Transport Workers Union (TWU). In a letter sent on 20 January bearing the signature of Victorian branch secretary John Berger, the union appealed the decision and told JetStar the firing should be rescinded.
According to The Age, the letter claimed there was a lack of procedural fairness in the decision to sack Lynn, which was disproportionate to his circumstances. Berger moved on from the job on 27 January.
Lynn had been working for JetStar since 2007.
In its appeal to JetStar, the union said Lynn was on remand and could not attend work.
“Captain Lynn has not been convicted of any crime and there is no prejudice to Jetstar to await the outcome of the trial,” the union said.
“Indeed, Captain Lynn has put forward an arrangement of leave to Jetstar whilst he is on remand.
“Captain Lynn has not engaged in misconduct, he is unable to present for work for no reason that has been established that Captain Lynn is responsible for.
“Captain Lynn is … suffering the deprivation of termination of his employment for circumstances that he has no responsibility for.”
However, if Lynn is granted bail in May, conditions may still prevent him from flying.
The Age reported that JetStar rejected the union’s claims that its response was disproportionate and a spokeswoman said the budget airline would oppose Lynn’s claim.
“Jetstar makes no comment on the criminal charges, noting this matter is still before the courts, however, it’s clear that Mr Lynn is on remand pending trial and would not physically be able to perform his duties for a significant period of time,” the spokeswoman said.
A spokeswoman for the union said: “The TWU is not involved in this criminal justice matter. Consistent with regular practice, the union has provided support to this member for Fair Work conciliation.
“This has been done because union members are entitled to representation and procedural fairness for industrial matters.”
Hill and Clay disappeared during a trip through Victoria’s high country in early 2020.
The former JetStar pilot was arrested after police seized his beige Nissan Patrol which they believed may have been connected to the disappearance of the pair.
Lynn is expected to appear in court in May.
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