Termination of employment – misconduct – ss.394, 400 Fair Work Act 2009 – permission to appeal – Full Bench – appellant sought to appeal decision of Commission at first instance – ground of appeal that appellant did not agree with decision – Commission must not grant permission to appeal unless considers that “in public interest to do so”[Coal & Allied Mining Services] – where matter raises issues of important and general application – where there is diversity of decision at first instance so that guidance from appellant court required – where decision at first instance manifests an injustice or result is counter intuitive – legal principles applied appear disharmonious compared with other recent decisions dealing with similar matters – decision under appeal discretionary in nature – discretionary decisions usually successfully challenged on appeal if it is shown that the discretion was not exercised correctly [House] – must be some error made in exercising discretion – Full Bench found no appealable error alleged – application for permission to appeal dismissed. Appeal by Ha against decision in transcript of Bartel DP 8 October 2015: U2015/7463 Re: UnitingCare Wesley Adelaide Inc t/a Uniting Communities
