TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – decision at first instance found employee’s dismissal was harsh, unjust and unreasonable – majority judgment on appeal found Commission in first instance decision mischaracterised employee’s conduct as being at the lower end of scale – found Commission took into account irrelevant considerations and failed to consider relevant considerations – permission to appeal granted – appeal upheld – decision at first instance quashed – application remitted to Full Bench for determination. Appeal by Illawarra Coal Holdings P/L t/a South32 against decision of Riordan C of 3 November 2017 [[2017] FWC 4574] Re: Gosek
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