TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant terminated for unsatisfactory performance – application for relief from unfair dismissal dismissed at first instance – appellant submitted decision at first instance affected by appealable error – appellant submitted Commission erred in failing to properly interpret relevant enterprise agreement and erred in his decision to dismiss the application for relief from unfair dismissal – Full Bench’s powers on appeal only exercisable if there was error on the part of Commission – permission to appeal can only be granted if public interest was enlivened – appellant submitted that relevant enterprise agreement required respondent to provide informal performance counselling prior to termination – appellant submitted Commission erred in not finding this was required – Full Bench not persuaded that appellant’s grounds of appeal raised arguable case of error – Full Bench satisfied Commission took correct approach – public interest not enlivened – permission to appeal refused. Appeal by Dewan against decision of Kovacic DP of 23 June 2017 [[2017] FWC 3383] Re: University of Canberra
