TERMINATION OF EMPLOYMENT – incapacity – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission found at first instance that employee’s dismissal was harsh and ordered reinstatement – employee was dismissed due to incapacity to perform pre-illness duties – appellant argued that a tension existed between Commission’s consideration of Jetstar and Lion Diary – Full Bench agreed that there was a tension between Jetstar and Lion Diary – found Commission erred in adoption of approach in Lion Diary at first instance – found approach in Jetstar appropriate – appeal upheld and decision and order at first instance quashed – matter remitted for rehearing. Appeal by CSL Limited t/a CSL Behring against decision of Ryan C of 6 November 2017 [[2017] FWC 5740] Re: Papaioannou
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