TERMINATION OF EMPLOYMENT – misconduct – serious misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision and order dismissing application for unfair dismissal remedy – verbal and threatening abuse of another employee – found to constitute valid reason for dismissal – applicant submitted that errors in Commissioner’s decision, dismissal disproportionate and material considerations not taken into account – Commissioner had benefit of seeing witnesses and preferred their evidence over applicant – not persuaded Commissioner erred in doing so – issue of mental illness not squarely raised before Commissioner so cannot be said to have erred by not considering this – Commissioner mad reference to definition of serious misconduct when considering s.387(a) – Full Bench observed that serious misconduct is not criterion for whether valid reason exists – no appealable error because ultimately held there was valid reason for dismissal – collateral significance because 18 years’ long service leave denied due to serious misconduct – Full Bench read Davies v Youngs WA P/L to mean applicant entitled to long service leave – if issue remains in dispute will need to enforce in court – no arguable case of appealable error – no public interest – appeal dismissed. Appeal by O’Connell against decision of Cloghan C of 14 October 2015 [[2015] FWC 7011] Re: Wesfarmers Kleenheat Gas P/L t/a Kleenheat Gas.
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