TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance that appellant’s dismissal was not unfair – appellant sought permission to appeal – contended that Commissioner failed to properly consider s.387(h) of the FW Act and failed to consider number of relevant factors in relation to whether dismissal was harsh, unjust or unreasonable – test whether in ‘public interest’ to grant permission is ‘a stringent one’ and ‘involves a broad value judgment’ [Coal & Allied] – rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated, an appeal cannot succeed in the absence of appealable error [Wan] – Full Bench found appellant had not demonstrated any error in the decision or any basis of public interest – Commissioner’s conclusion was not unreasonable or plainly unjust – found no error in approach of Commissioner – Full Bench held that the findings were made on the evidence and that no other factors considered suggested that the appellant’s dismissal was harsh, unjust or unreasonable – factors raised by appellant did not require additional consideration – permission to appeal refused. Appeal by Walpola against decision and order of Roe C of 2 November 2015 [[2015] FWC 7554] and [PR573563] Re: Transdev Melbourne P/L t/a Transdev Melbourne
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