TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision of Commission to dismiss application for relief from unfair dismissal – appellant dismissed for serious misconduct arising from respondent’s belief that appellant was stealing from the business – Commission, at first instance, found dismissal consistent with Small Business Fair Dismissal Code – appellant sought permission to appeal – submitted Commissioner incorrectly applied Pinawin regarding whether or not respondent’s belief was held on reasonable grounds, as she was not provided with an opportunity to respond to the allegations – appellant submitted transcript identified a number of errors of fact – respondent submitted matters raised by applicant had already been put to Commission – permission to appeal under s.400 FW Act requires enlivening of public interest and, to extend it involves an error of fact, a significant error of fact – test under s.400 ‘a stringent one’ [Coal & Allied Mining Services] – Full Bench unable to identify any significant errors of fact – no factual errors asserted by applicant were determinative of matters before Commission – public interest not enlivened – legal principles applied by Commission were harmonious with recent Full Bench decisions – permission to appeal refused. Appeal by Cox against decision of Sams DP of 14 April 2016 [[2016] FWC 1861] Re: Dr Elizabeth Varughese; Eve O & G t/a Doctor Elizabeth Varughese
