TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission found Farstad had a valid reason for the dismissal of Mr Rust for failing a random alcohol test, however it found that the dismissal was harsh and thus unfair – Commission concluded that an order for reinstatement was not appropriate, so the issue of an order for compensation was yet to have been decided – Farstad appeal – grounds for Farstad appeal included that the Commission erred in failing to take into account (or to give sufficient weight to) a relevant consideration: being Captain Rust’s decision to not self – report and to present as fit for work under the drug and alcohol policies; and breaches of Farstad’s applicable drug and alcohol policies arising from his failure to report taking prescription medication between 2014 and 2016 – Full Bench found there was an injustice sufficient to enliven the public interest and granted Farstad permission to appeal – Full Bench found that appealable error had been made and held that the two identified grounds were made out – that there had been an error in the exercise of the Commission’s discretion – that it would be unsafe to allow the Decision to stand – Farstad appeal upheld – decision at first instance quashed – matter remitted to Clancy DP for rehearing – Rust appeal – grounds for Rust appeal was that the Commission determined that an order for reinstatement was not appropriate – Full Bench found Rust appeal moot in light of outcome in Farstad appeal – permission to appeal refused. Appeal by Farstad Shipping (Indian Pacific) P/L t/a Farstad against decision of Bissett C of 5 July 2017 [[2017] FWC 3426] Re: Rust; Cross appeal by Rust
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