The Full Bench held that a [name withheld]'s failure to expressly record factual findings does not constitute appealable error where the findings are apparent from the context of the decision on a fair appellate reading, applying the [name withheld] principle against reading with 'an eye keenly attuned to the perception of error'. The Full Bench confirmed that where an unfair dismissal applicant succeeds on the merits, appeal grounds challenging the reasoning on the merits (rather than remedy) have no utility because no better substantive outcome could be achieved. On compensation, the Full Bench held it was open to [name withheld] to assess the hypothetical under s 392(2)(c) by reference to the time a fair process would have taken, and to conclude the employment would have ended in any event, limiting compensation to 4 weeks' wages.
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