TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – employee employed as enrolled nurse by appellant – dismissed 26 May 2016 for serious misconduct – employee admitted to engaging in misconduct and declaring on nursing registration renewal that he had completed the required 20 hours of Continuing Professional Development (CPD) but had not actually calculated if he had completed them in the relevant year – Commission at first instance found dismissal was harsh, unjust and unreasonable – reinstatement ordered – appellant contended Commission at first instance failed to apply the proper test set out in Nguyen – erred by finding no evidence that the relationship between appellant and Logan was unworkable and failing to consider evidence relating to CPD declaration – Coal & Allied and GlaxoSmithKline applied – it will be rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated [Wan] – Full Bench found issue of whether reinstatement was appropriate having regard to evidence concerning CPD declaration attracted public interest – raised question as to whether it was lawful or practicable for appellant to employ employee in circumstances where there may be doubt as to validity of employee’s nursing registration – permission to appeal granted on issue of whether reinstatement was an appropriate remedy – Full Bench found Commission at first instance did not fail to apply the proper test in Nguyen – found no appealable error in consideration of CPD declaration issue – evidence adduced in appeal left no basis to conclude employee did not satisfy CPD requirements or that he was invalidly registered – appeal dismissed. Appeal by Bendigo Health Care Group against decision of Ryan C of 14 September 2016 [[2016] FWC 6780] Re: Logan
