TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for relief from unfair dismissal dismissed at first instance – Commission found the applicant had deliberately headbutted a colleague for no apparent reason which led to a final warning – Commission found Mr Hughes behaviour at a subsequent Momentum social function was aggressive and had the potential to damage the reputation of Momentum – grounds for appeal included that Commission erred by applying the wrong legal test in determining whether there was a valid reason and findings made in relation to the altercation – Full Bench considered whether in public interest to grant permission to appeal – whether decision at first instance involved significant error of fact – Coal & Allied and GlaxoSmithKline applied – rarely appropriate to grant permission to appeal unless arguable case of appealable error is demonstrated [Wan] – Full Bench satisfied Commission at first instance duly considered all relevant evidence and no appealable error was identified – permission to appeal refused. Appeal by Hughes against decision of Williams C of 13 February 2017 [[2016] FWC 9072]] Re: Momentum Wealth P/L t/a Momentum Wealth
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