TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed employment as a Tug Master – dismissed after grounding of a tug (the Korimul) in the Tamar River – respondent cited a serious breach of safety and a loss of trust and confidence in the applicant’s abilities – repair claim costs for the Korimul were $333,043.91, TasPorts insurance paid $298,043.91 toward those costs – TasPorts paid an excess of $25,000.00 under its insurance claim and received $10,000.00 in scrap value for the propellers – grounding reported to Marine and Safety Tasmania as required under legislation – investigation conducted – at all times the applicant accepted responsibility for the grounding – investigation found that the navigation errors of the applicant directly contributed to the grounding of the vessel – applicant had grounded the tug vessel known as ‘Fullerton Cove’ on Middle Bank in the Tamar River on 3 October 2011 – Commission found that the applicant’s conduct amounted to him not navigating with due care and attention and therefore, did not ‘[t]ake reasonable care to ensure the safety of [himself] and others at all times’ in accordance with TasPorts’ Health and Safety Policy – found that whilst the conduct was not deliberate, it did result in a number of navigational errors and could not be considered a momentary lapse of concentration – found valid reason for dismissal – consideration given to applicant’s length of service – he had been employed continuously for almost 38 years – applicant aged 64 years at the time of his dismissal – Commission found that the termination of the applicant’s employment was not a disproportionate response to his conduct – dismissal was not harsh, unjust or unreasonable – application dismissed. Finnis v Tasmania Ports Corporation P/L t/a Tasports
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