TERMINATION OF EMPLOYMENT – misconduct – ss. 394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant a major State owned utility in Western Australia – provides water, waste water and drainage services and is on the State’s Critical Asset Register – appellant terminated employment of employee on grounds of misconduct – alleged applicant had manipulated data sets while working from home causing appellant’s plant to shut down – Commission at first instance found employee’s dismissal was harsh, unreasonable and unjust – reinstatement ordered – appellant submitted Commission at first instance acted on the wrong principles – further submitted public interest enlivened – employee submitted appellant had not identified issues of importance that justified permission to appeal being granted – further submitted appellant’s argument on public interest grounds was irrelevant – it would be rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated – the public interest might be attracted where a matter raises issues of importance and general application [GlaxoSmithKline] – Full Bench considered it would be in the public interest to grant permission to appeal – appeal raised important issues as to safe and efficient operation of appellant’s plants – first instance decision raised novel and unusual issues as to whether there was a valid reason for dismissal – serious implications for senior managers of appellant as a result of first instance adverse findings against them – satisfied an arguable case of appealable error had been established – permission to appeal granted – Full Bench considered it was not able to determine merits of the appeal without requiring further evidence from employee – necessary for parties to make more detailed submissions – parties also directed to attend conciliation conference chaired by the Commission. Appeal by Water Corporation against decision of Cribb C of 21 December 2016 [[2016] FWC 9088] Re: Batchem
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