The Full Bench refused permission to appeal an unfair dismissal decision, holding that [name withheld]'s finding that the applicant's reckless operation of a pallet jack constituted a standalone valid reason for dismissal was a factual finding open on the evidence and disclosed no arguable error. The Full Bench further held that even if arguable error existed regarding [name withheld]'s treatment of the applicant's denials and justifications for Allegations 1 and 3 as themselves constituting valid reasons for dismissal, there was no utility in granting permission to appeal given the unimpeached standalone finding on Allegation 2. The decision also confirms that a first instance decision-maker's consideration of an employee's lack of remorse or responsibility is permissible where it is relevant to determining the employee's state of mind (e.g., distinguishing accident from recklessness).
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