TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – decision at first instance determined dismissal unfair – appellant appealed on grounds of both error in law and fact – Full Bench found in public interest to grant permission to appeal in relation to grounds that raise issue concerning import and application of Pettifer – Tasports submitted Pettifer stood for principle that where a host employer who had an employee of a labour hire company removed from site that caused a necessarily valid reason for dismissal from labour hire company based on employee’s capacity for purpose of s.387(a) FW Act – Full Bench did not accept that submission – whether there is a valid reason depends on all circumstances in case – Pettifer applies principle stated in Adecco to a particular factual scenario – found a number of factual matters distinguished this matter from Pettifer including contract between host and labour hire provider, labour hire provider simply adopting host employer view without forming own independent conclusion as to valid reason and lack of investigation into redeployment options – in decision at first instance, approach in Adecco adopted which was correct and consistent with Pettifer – no appealable error found [House v King] – appeal dismissed. Appeal by Tasmanian Ports Corporation P/L t/a Tasports against decision of Wells DP of 4 January 2017 [[2017] FWC 31] Re: Gee
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