The Supreme Court has dismissed the appeal from Darwin construction company Kalidonis against its convictions and fine over the death of a worker in Maningrida in 2020, NT WorkSafe has said.

NT WorkSafe acting head Kerry Barnaart said in a statement Kalidonis had appealed the two convictions for breaches under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 and the $550,000 fine imposed by the Darwin Local Court in February this year.

Theofilos Kalidonis is the company’s director.

She said the penalties arose from the death of 50-year-old Paul Leach, who was killed while working on Maningrida barge landing upgrades in March of 2020.

Ms Barnaart said she appreciated Mr Leach’s family’s patience and their understanding of the importance of identifying what happened, and sending a message to all businesses of their obligation to keep Territory workers safe.

“This outcome is a timely reminder for all industries that the primary duty of care under the work health and safety laws sits with the person conducting a business or undertaking,” said Ms Barnaart.

“Regardless of whether you’re a company, unincorporated body or association, sole trader or self-employed person, the buck stops with you when it comes to safety.

“This means having safe systems of work in place that are communicated to your workers, and ensure your workers have the appropriate training and instruction to do their job safely.

“And while workers do have a duty to take reasonable care of their own health and safety, businesses must actively enforce their safe systems of work to ensure safety in the workplace.”

NT WorkSafe initially charged Kalidonis with industrial manslaughter. Mr Leach died when a chain snapped while he was extracting a bogged excavator at the construction site.