TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – appeal – Full Bench – Commission at first instance dismissed unfair dismissal application – found appellant’s actions breached company policy – found valid reason for dismissal – On 25 July 2017 Full Bench granted permission to appeal – satisfied the appeal attracted the public interest – appeal upheld and decision at first instance quashed – Full Bench found the Commission at first instance was affected by an appealable error namely failure to consider question of proportionality of summary dismissal – application to be re-heard on the papers – in relation to the dismissal appellant submitted a number of mitigating factors should be taken into consideration including appellant’s personal circumstances, service and work history – that the taking of goods were authorised by the appellant’s direct supervisor and that it was common practice for a number other employees to take excess items of stock home – held based on the mitigating circumstances the appellant’s dismissal was harsh – appellant unfairly dismissed – question of compensation remitted for determination. Appeal by Johnson against decision and order of Hamilton DP of 1 June 2017 [[2017] FWC 2866 and PR593193] Re: Northwest Supermarkets P/L t/a Castlemaine IGA
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