TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – in decision at first instance Commission found dismissal of employee was harsh, unjust and unreasonable – ordered employer to pay compensation – employee worked as carer at aged care facility – dismissed for allegedly slapping resident whilst attending to him – resident suffered from dementia and could not report incident – appellant submitted Commission erred in the following ways: failed to find employee struck resident across mouth and therefore that there was a valid reason for dismissal; finding that a lack of complaint made by witness when complaint was made; placed too much weight on no mark being present on resident’s face from slap; focused too much on resident not making complaint due to dementia; placed too much weight to lack of previous conduct of similar nature by employee; did not address appellant’s submissions concerning credit of witness; and did not give proper weight to employee lying to appellant during investigation/disciplinary process – submitted that it was in the public interest to grant permission to appeal – Full Bench addressed each issue and found appellant had not demonstrated any arguable case of appealable error of a nature that would attract the public interest – not satisfied that the alleged misconduct occurred – permission to appeal refused. Appeal by Anglican Community Services against decision of Booth DP of 5 September 2016 [[2016] FWC 5990] Re: Shawl
