Serious breach of safety procedures found to be valid reason for dismissal
Case
Paul James Mcallister v Ahoy Club Pty Ltd (2024)
Ahoy Club Pty Ltd employed Mr Mcallister as a Captain of a chartered boat with seven crew and catered for 12 guests. Mr Mcallister was required to follow a number of safety policies and procedures, which he failed to do, resulting in the boat colliding with a marker, causing $150,000 of damage.
After an investigation, Mr Mcallister was found to have breached safety obligations and regulations, and been grossly negligent by:
- not sounding the alarm;
- not checking on crew and guests;
- leaving the bridge unmanned;
- leaving a guest unsupervised on the bridge; and
- being distracted by scrolling on his phone and vaping.
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