TERMINATION OF EMPLOYMENT – incapacity – s.394 Fair Work Act 2009 – applicant dismissed for failing competency test – applicant had failed to perform safety critical tasks in accordance with safety management procedures – applicant required to participate in mentoring arrangement and performance improvement plan (PIP) before sitting competency tests – allegations of inadequacy of these mentoring and PIP not substantiated – inadequacy issues had not been raised with respondent – dismissal for failing to demonstrate competency a valid reason – applicant warned about capacity issues – Commission placed no weight on one warning which was withdrawn – no evidence of procedural deficiencies – dismissal not harsh, unjust, unreasonable – application dismissed. Soper v Teekay Shipping (Australia) P/L
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