TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – decision at first instance found appellant had not been dismissed within meaning of s.386(1) of FW Act – appellant lodged appeal application 2 minutes out of time – Full Bench found minimal length of delay and lack of prejudice to respondent outweighed the lack of an explanation for delay – extension of time granted – appellant raised 15 grounds of appeal emphasising that he had been bullied at work over a long period and that he had suffered from mental illness at time he resigned – appellant submitted he had not been given a proper opportunity to present evidence relating to his mental illness – Full Bench found no evidence that Commission at first instance did not have regard to all the material filed and afford it the appropriate weight – found no evidence that respondent was aware of appellant’s mental health issues – found appellant made a conscious decision to resign – not satisfied that grounds of appeal raised an arguable case of error – no case made out that Commission’s conclusion in first instance was unreasonable, manifested by any injustice or counter-intuitive – permission to appeal refused. Appeal by Moore against decision of Platt C of 22 June 2017 [[2017] FWC 3380] Re: Newspot Holdings P/L t/a Newspot Motors
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