TERMINATION OF EMPLOYMENT – incapacity – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the appellant’s application for unfair dismissal remedy – appellant was employed as a Credit Assessment Officer for respondent – respondent became aware that appellant had been banned from engaging in credit activities for a period of five years and having had the Australian credit licence of her company cancelled – at first instance Commission found valid reason for dismissal because it was likely the appellant could no longer perform the inherent requirements of her role and the respondent could no longer have trust and confidence in the appellant – appellant sought permission to appeal – appellant argued public interest enlivened because first instance decision manifested substantial injustice, had a result which was counterintuitive, applied legal principles which were disharmonious with previous decisions of Commission and decision was attended with sufficient doubt to warrant reconsideration – test under s.400 of FW Act is a ‘stringent one’ [Coal & Allied Mining Services] – Full Bench found first instance decision was of a discretionary nature – House v King considered – found first instance decision detailed and well-reasoned – first instance decision addressed relevant statutory factors and made findings available on the evidence – Full Bench found no significant errors of fact – not satisfied grounds of appeal attract public interest – permission to appeal refused. Callychurn v Australia and New Zealand Banking Group t/a ANZ
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