CASE PROCEDURES – no reasonable prospects of success – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission summarily dismissed unfair dismissal application at first instance on grounds it was frivolous, vexatious, and made without reasonable prospect of success – Full Bench noted decision is of discretionary nature can only be challenged where discretion not exercised correctly [House v The King] – found Commission formed the view that application had no reasonable prospect of success in circumstances where there was a live fact in issue concerning the appellant’s alleged resignation – Full Bench found a conclusive view could not have been reached without a full substantive hearing – this constituted an appealable error and manifested in injustice – permission to appeal granted – appeal upheld – decision quashed and referred for rehearing. Appeal by Toma against decision of Cambridge C of 24 May 2018 [[2018] FWC 2963] Re: Workforce Variable P/L t/a Workforce International
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