TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Appellant dismissed following incident at work – Appellant was loading cornices onto a truck when the load dislodged and fell, almost hitting the truck jockey who had moved out of safe zone – Commission at first instance found Appellant’s dismissal was not unfair and dismissed the application – Full Bench found that the Commission made findings as to the Appellant’s acknowledgment of the seriousness of conduct but not findings as to the conduct itself – not open to the Commission to determine that there was valid reason for the dismissal – found the Commission erred in finding the Appellant did not properly report the near miss involving the jockey as the Commission had not made any findings as to the Appellant being aware of the near miss – held the Commission did not err in finding the Respondent’s safety policy was not applied inconsistently given Appellant had been on first and final warning and received number of requests to wear safety glasses – not satisfied errors relating to assessment that Appellant breached safety glasses policy or that Commission applied the incorrect question when determining whether Appellant’s conduct was sufficiently serious to support a finding of valid reason – satisfied appealable error in relation to two grounds of appeal in accordance with House v The King – permission to appeal granted – appeal upheld – application for unfair dismissal remedy referred to Cirkovic C for rehearing. Appeal by Palmer against decision of Cirkovic C of 9 January 2017 [[2017] FWC 147] Re: USG Boral Building Products P/L
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