TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance that termination was harsh, with no valid reason – applicant dismissed for non-performance of duties – Commission found to be in error – Full Bench held Commission conflated test of whether valid reason existed within s.387(a) with issues relevant under s.387(h) with overall test of whether dismissal was harsh, unjust unreasonable [Parmalat] – found Commission further failed to make required findings regarding extent of applicant’s non-performance of duties per s.387 – appeal raises issues of general application and public interest enlivened [GlaxoSmithKline] – permission to appeal granted – substantive appeal to be heard. Appeal by Commonwealth of Australia (Australian Taxation Office) t/a Australian Taxation Office against decision of Ryan C of 23 March 2016 [[2016] FWC 1844] Re: Shamir
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