TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission dismissed appellant’s application for relief from unfair dismissal – held that appellant not ‘dismissed’ within meaning of FW Act – appellant sought permission to appeal Commission’s decision – submitted that Commission mischaracterised events surrounding cessation of her employment – that there was agreement for respondent to treat termination as resignation in its consequences – that initial termination by respondent, although subsequently revoked, cannot be separated from the resignation as it was the initiating and operative factor leading to cessation of appellant’s employment – test under s. 400 is a ‘stringent one’ [Coal & Allied Mining Services] – whether permission to appeal is in public interest [GlaxoSmithKline] – whether arguable case of appealable error is demonstrated – Full Bench satisfied that Commission’s conclusion was available on the evidence – appellant had ample opportunity but failed to make submissions regarding alternative conclusion – public interest not enlivened – permission to appeal refused. Appeal by Cozaris against decision and order of Gooley DP of 28 April 2016 [[2016] FWC 2596] and [PR579431] Re: Emirates
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