Case procedures – apprehension of bias – ss.400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – unfair dismissal application referred to Deputy President for hearing and determination – after hearing concluded, appellant sent email to Deputy President’s chambers requesting Deputy President remove herself from deciding application on grounds of apprehended and actual bias – Deputy President issued two decisions – first declining appellant’s recusal application and second rejecting appellant’s unfair dismissal application – appellant appealed both decisions – in relation to first decision, Full Bench satisfied Deputy President dealt with application appropriately – acted consistently with practice that any application that a decision-maker should recuse himself or herself from hearing a matter on the ground of actual or apprehended bias is to be made and determined in the first instance by the decision-maker – no errors in making decision to dismiss application – not satisfied in public interest or any discretionary basis to grant permission to appeal – in relation to second decision, Full Bench not satisfied hearing conducted in a manner unfair to appellant – transcript indicated Deputy President went to considerable lengths to ensure appellant had a fair opportunity to present case – not in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Woolston against decisions of Asbury DP of 26 November 2015 [[2015] FWC 5853] and [[2015] FWC 5993] Re: The Uniting Church in Australia Property Trust (Q.) t/a Blue Care Bli Bli Aged Care Facility.
