TERMINATION OF EMPLOYMENT – extension of time – s.604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant’s matter has long history dating back to 2013 when she was dismissed by the respondent – appellant contested decision which was dismissed in December 2014 – appellant appealed decision to a Full Bench of the QIRC and the Industrial Court of Queensland – both applications were dismissed and the appellant subsequently exhausted her rights in the Queensland system in 2015 – on 28 June 2016 appellant lodged application in the Fair Work Commission in respect of alleged unlawful termination of employment – this application was 904 days out of time – Commission found no exceptional circumstances to warrant extension of time and declined to exercise discretion to extend – appellants permission to appeal listed on 11 July 2017 – Full Bench at the hearing granted permission for the appellant to be represented by counsel having regard to the complexity of the matter and to allow it to be dealt with more efficiently – Full Bench observed it will rarely be appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated – appellant contends the Deputy President erred in granting permission to the respondent to be represented by lawyers and in refusing to grant an extension of time for filing her application and in dismissing it – Full Bench considered House v The King – having regard to the grounds of appeal, submissions of the parties, circumstances of the matter, Full Bench found nothing to suggest there was an arguable case the DP’s decision was affected by error – Full Bench also noted under the Fair Work Act, an applicant can only bring one claim – permission to appeal refused. Appeal by Wanninayake against decision of Gooley DP of 15 may 2017 [[2017] FWC 2589] Re: Department of Natural Resources and Mines (DNRM)
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