CASE PROCEDURES – referral to Full Bench – ss.394, 615A Fair Work Act 2009 – unfair dismissal application lodged on 21 September 2015 – on 28 August 2015 applicant was notified that his employment was terminated effective from 24 September 2015 – relevance of first instance decision in Pettifer v MODEC Management Services P/L (Pettifer) – Pettifer subject to Full Bench appeal – application for unfair dismissal application to be referred to Full Bench – respondent opposed – whether in public interest to refer matter – applicant submitted likely impact of Pettifer warranted referral and Pettifer Full Bench decision ‘arguably wrong’ – Commission not satisfied referral in the public interest – s.615A of FW Act not a mechanism for reviewing decisions – applicant’s rights not adversely affected if referral application rejected– application to refer to Full Bench dismissed. Gee v Tasmanian Ports Corporation P/L t/a Tasports

To read the full content…SUBSCRIBE NOW

Existing Subscribers Login Below:

Log In