TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance to dismiss appellant’s application for relief from unfair dismissal – appellant sought to adduce new evidence, being a covert recording of the dismissal meeting – Full Bench declined to admit recording as appellant had possession of recording at all times since it was made and no reason was demonstrated at to why it was not adduced in first instance proceedings – appellant had been dismissed for poor performance – decision at first instance was that, despite procedural deficiencies, such deficiencies were insufficient to render the dismissal harsh, unjust or unreasonable – appellant submitted permission to appeal should be granted as: the decision raised issues of importance and general application; the decision manifests an injustice or the result is counterintuitive; and the decision-maker at first instance made significant errors of fact – Full Bench not satisfied grounds advanced by applicant raised issues or importance or general application, or an arguable case of error – public interest not enlivened – permission to appeal refused. Appeal by Allan against decision of McKenna C of 21 October 2016 [[2016] FWC 7504] Re: Lane Cove Retirement Units Association Ltd t/a Pottery Gardens Retirement Village
