TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision [[2017] FWC 3200] – Commission at first instance found that dismissal was harsh and unjust and ordered reinstatement – permission to appeal granted in relation to grounds concerning Commission’s conclusion that employee was dismissed – Full Bench held where employment has terminated because employer acts on a communication of resignation by the employee it is necessary for an applicant to specify whether they contend they were dismissed under s.386(1)(a) or s.386(1)(b) or both – found that Commission had applied ‘special circumstances’ test relevant to s.386(1)(b) but the employee had advanced a case that she had been dismissed under s.386(1)(b) – found that Commission found a case that had not been argued and an appealable error was made – ordered matter referred to single member for re-hearing. Bupa Aged Care Australia P/L t/a Bupa Aged Care Mosman v Tavassoli
