TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission satisfied binding settlement agreement reached and appellant acted unreasonably in failing to discontinue application – respondent’s application to dismiss upheld – appellant sought permission to appeal identifying 23 errors of fact or finding or failures on the part of the Commission including failure to acknowledge evidence of particular file note – whether in public interest, where test is ‘a discretionary one involved a broad value judgment’ [Coal & Allied] – public interest not satisfied simply by identification of error or preference for different result – rarely appropriate to grant permission to appeal unless an arguable case of appealable error demonstrated, as appeal cannot succeed in absence of appealable error [Wan] – even if Commission made an error, not necessarily sufficient basis to grant permission to appeal [GlaxoSmithKline] – Full Bench not satisfied appellant established denial of procedural fairness – not satisfied appellant demonstrated arguable case of error by Commission – no basis to grant permission to appeal – not in public interest – permission to appeal refused. Appeal by Kong against decision of O’Callaghan SDP of 4 July 2016 [[2016] FWC 4290] Re: Citic Pacific Mining Management P/L t/a Citic Pacific Mining
…
