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Gregory v Qantas Airways Ltd [2016] FCAFC 7

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INDUSTRIAL LAW - applicant's employment terminated for conduct while abroad - applicant alleged he could not recall behaviour that was the basis of his termination - applicant alleged his drink had been spiked - scientific expert evidence produced - no discussion of expert evidence in Commissioner's decision - applicant claimed jurisdictional error in failure to address expert evidence - Commissioner did not find that termination was harsh, unjust or unreasonable - apparent from Commissioner's reasons that he was able to reach decision without reference to expert evidence - challenge to Commissioner's decision does not identify jurisdictional error INDUSTRIAL LAW - application for leave to appeal considered by Full Bench of Fair Work Commission ("FWC") - Full Bench gave direction that only question of permission to appeal would be dealt with in written and oral argument - Full Bench decided the matter by reference to the full ambit of the appeal - counsel had no adequate opportunity to develop or put a submission about merits

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