TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the appellant’s application for unfair dismissal – Commission accepted evidence of witness and help valid reason for dismissal – appellant sought permission to appeal Commission’s decision – submitted significant error of fact – no direct evidence that identified appellant was driver of tram – alleged Commission failed to apply test in Briginshaw – Full Bench held the uncertainty of exact times given by witness did not result in evidence being given in error – held Commission did apply test in Bringshaw – Commission considered seriousness of termination for appellant – Full Bench held no significant error in decision – no grounds to attract public interest – permission to appeal refused. Appeal by Soares against decision of Lewin C of 3 July 2015 [[2015] FWC 4472] Re: KDR Victoria P/L t/a Yarra Trams.
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