TERMINATION OF EMPLOYMENT – performance – remedy ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant seeking to appeal first instance decision that termination of employment was harsh, unjust or unreasonable, as well as numerous findings of fact – Full Bench found Commission assessed evidence given and was open to it to come to conclusion – number of challenges made to Commission’s order of compensation – claimed Commission failed to deduct payment made in lieu of notice – Commission stated notice would be taken into account, length of service neutral factor, deductions for misconduct more than 40 per cent and opportunity to give fresh evidence not provided on employee’s attempts to mitigate loss – Full Bench found clear inconsistency between statement of Commission and final order for compensation regarding payment in lieu of notice – Commission held to be in error – findings regarding deductions for misconduct made on basis of limited submissions – discretionary and therefore Commission not in error – appellant did not put submissions regarding mitigation efforts by employee during first instance hearing – Commission not in error – permission to appeal granted regarding payment in lieu issue only – directions to be issued. Appeal by Bank of Sydney Ltd t/a Bank of Sydney against decision of Cribb C of 8 July 2015 [[2015] FWC 4571] and decision and order of 21 July 2015 [[2015] FWC 4963] and ]PR569654] Re: Repici
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