TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission at first instance dismissed unfair dismissal application – found valid reason for termination – grounds of appeal claimed Commission erred in a number of respects including making findings in relation to data obtained from a personal digital assistant (PDA) – permission to appear granted to representatives of both parties due to complexity of matter – appellant sought to lead further evidence – principles in Power Projects International and Akins considered – respondent’s submissions contained 386 pages of evidence and highly technical data – appellant not provided opportunity to file reply submissions – not able to properly assess material without some form of technical or expert assistance – appellant denied opportunity to put a case on an important issue which could have led to a different outcome – evidence credible – new evidence allowed – GlaxoSmithKline and Stead v State Insurance Commission considered – Full Bench held that appellant did not have benefit of provision of reply submissions – held that period between receiving high technical data and hearing was short – noted that appeal could have been avoided if a reply submission had been provided for in originating directions and a longer timeframe had been provided for between written submissions and hearing date – Full Bench found appellant denied natural justice – permission to appeal granted – decision under appeal quashed – matter referred to Commission for rehearing. Appeal by Colella against decision and order of Williams C of 1 March 2017 [2017] FWC 1139 and [PR590568] Re: Aroona P&T P/L t/a Aroona Alliance
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