TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant’s application for an unfair dismissal remedy was lodged 8 months outside statutory time limit – at first instance Commission not satisfied there were any exceptional circumstances that warranted the granting of an extension of time – Full Bench asked the appellant about his general protections application – formed the view that the appellant will require leave of the Federal Court of Australia (FCA) or the Federal Circuit Court (FCC) to correct his application to a general protections application involving dismissal (s.365) – if leave is granted by the FCA or the FCC appellant will have to determine whether to pursue his s.394 or s.365 application – s.725 of the FW Act prevents the appellant from making a s.365 application until after the unfair dismissal application has been withdrawn, failed for want of jurisdiction or failed because the dismissal was a case of genuine redundancy – appellant elected to proceed with s.365 application and requested that no further hearing occur on this matter – appellant requested reasons in relation to his appeal – Full Bench determined the question of permission to appeal – noted permission to appeal must not be granted unless the Commission considers that it is in the public interest to do so – appeals on questions of fact may only be made on the basis that the decision involved a ‘significant error of fact’ – appellant submitted Commission failed to be guided by the rules of fairness and independence – erred by considering the extension of time before considering the minimum employment period and employment status – erred in not finding that there were exceptional circumstances – Full Bench not satisfied that there was an arguable case of error – not satisfied that it would be in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Raza against decision of Dean DP of 23 March 2017 [[2017] FWC 1662] Re: Harbour Roof Tiling P/L
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