TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – application for relief from unfair dismissal dismissed at first instance – Commission found dismissal was not harsh, unjust or unreasonable – appellant sought permission to appeal – Coal & Allied and GlaxoSmithKline applied – Full Bench discovered parties consented to have matter dealt with on the papers but involved contested facts – respondent also submitted due to security concerns associated with the appellant’s conduct the Commission was not required to hold a hearing or a conference – Full Bench found as the matter involved disputed facts the Commission had a statutory obligation to conduct a conference or hold a hearing in relation to those contested facts – Full Bench further noted a security concern was not a basis to avoid a hearing or a conference – permission to appeal granted – Full Bench found the relevant contested facts were a critical issue in the proceedings – public interest test enlivened – appeal upheld – decision at first instance quashed – matter to be reheard. Appeal by Sekirski against decision of Gregory C of 2 March 2017 [[2017] FWC 1200] Re: Scope (Vic) Ltd
