TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – employer seeking to appeal first instance decision that termination of employment harsh, unjust or unreasonable – employee dismissed for serious misconduct – investigated for making repeated offensive and inappropriate remarks to another employee – permission to appeal granted on 25 August 2015 – employer submitted Commission erred in finding inappropriate and unfair for employer to have regard to other allegations in determining to dismiss employee – gave no reasons regarding decision to order reinstatement – no power to make orders that employee be given final warning – Full Bench agreed first instance decision attended by significant appealable error – errors of kind sufficiently significant to require decision to be quashed – appeal upheld and matter remitted for determination. Appeal by Toll Holdings Limited t/a Toll Transport P/L t/a Toll Priority against decision of Riordan C of 17 June 2015 [[2015] FWC 3830] Re: Johnpulle
…
