Termination of employment – performance – s.394 Fair Work Act 2009 – applicant employed as a Crane Operator/Deck Pusher for 25 years – was operating a crane on an offshore drillship the Deepwater Millennium when another member of his work group was injured – the master link, weighing 32kg, fell approximately 60cm onto the worker’s foot – respondent investigations concluded that the root causes of the incident were that there was a failure to identify relevant hazards because there was no adequately risk assessment of the task, a simple lift checklist was not completed as required, and planning and communication was inadequate and ineffective – applicant dismissed – Commission found the applicant did not comply with the respondent’s safety policies as he was required to – two prior instances where applicant had been warned about unsatisfactory performance relevant – found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – dismissal not unfair – application dismissed. Sakadakis v Sedco Forex International Inc
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