TERMINATION OF EMPLOYMENT – valid reason – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – application for relief from unfair dismissal – Commission held at first instance dismissal not unfair – appellant dismissed because of alleged failure to comply with respondent’s policies in relation to apparent attempted robbery incident – Commission found that during the attempted robbery incident, ‘customer did not display any weapon, never stated he had any weapon, never tried to use any object as a weapon, he was never violent and he never talked in a raised voice’ – found that following the incident, appellant served customers and telephoned Site Manager, who instructed him to cordon off the area, serve customers through the night counter, press the ‘panic button’ and contact police – appellant did not immediately call police and at no stage pressed panic button – respondent conducted investigation and concluded appellant failed to comply with Armed Holdup procedure as well as Code of Conduct – whether Commission at first instance failed to consider the fact that incident was not an ‘Armed Holdup’ – Full Bench satisfied Armed Holdup procedure did not apply and appellant’s reliance on the ‘Dealing with Difficult Customers’ policy was appropriate – found Commission made unsupported findings of fact and failed to deal with fundamental issues which enabled it to conclude there was a valid reason for dismissal – Full Bench held it would be in public interest to grant permission to appeal – appeal upheld – Decision at first instance quashed – application remitted to Commission for re-determination. Appeal by Mistry against decision of Williams C of 7 June 2017 [[2017] FWC 3097] Re: Woolworths Limited t/a Woolworths Fuel
