GENERAL PROTECTIONS – jurisdiction – ss.365, 604, 725 Fair Work Act 2009 – appeal – Full Bench – permission to appeal previously granted by differently constituted Full Bench [[2016] FWCFB 6892] – Commission at first instance determined general protections application was prohibited by s.725 of FW Act and dismissed application – role of Commission in s.365 applications considered – Full Bench concluded Commission is authorised and empowered to decide whether a general protections dismissal application can be prohibited by s.725 – appellant lodged complaint with AHRC against former employer before lodging application – challenged Commission’s conclusion in first instance that her application was in relation to her dismissal – relied on five grounds of appeal: that s.725 not contravened; that Commission erred in not properly characterising the general protections application; erred in interpreting the scope of restriction of s.725 so widely; erred by finding her application was ‘in relation to’ her dismissal when the named respondents did not employ her and could not have dismissed her; and failed to have regard to the definition of ‘dismissal’ embodied in s.386 – Full Bench satisfied Commission applied correct statutory purposed to s.725 – satisfied Commission applied the proper test to reach the conclusion that the appellant’s general protections application was barred by the operation of s.725 – satisfied appellant was required to make an election between the remedies available under FW Act and those available under the AHRC Act – does not consider that different respondents to different applications or complaints is determinative of whether such applications or complaints relate to the dismissal of the employee – Full Bench satisfied that Commission did not err in any of the ways contended by appellant in relation to the finding that the appellant’s general protections application was an application in relation to her dismissal, with the result that it was barred by s.725 – appeal dismissed. Appeal by Hazledine against decision and order of Kovacic DP of 26 July 2016 [[2016] FWC 4989] and [PR583263] Re: Mr Wakerley; Mr Giddings
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