TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant contended Commission erred in finding there was a valid reason for dismissal – the applicant also contended that the finding in paragraph [86] was a significant error of fact as to the purpose and intent of the letter sent to the applicant on 6 March 2014 – the applicant contends that the Decision was appealable at law because it was not reasonable to conclude on the basis of the facts found that were was a valid reason for dismissal – the applicant also asserted the Commission erred in law because the respondent did not have a valid reason to dismiss the applicant and as the respondent failed to take any action against the applicant for the incident discussed therefore condoned the behaviour and/or waived its rights in relation to it – Commission did not consider that an arguable case of appealable error had been established – Commission does not accept there was any denial of procedural fairness – not satisfied that it is in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Aitken against order of Clancy DP of 29 April 2016 [PR579733] Re: CUB P/L
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