TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission found appellant’s dismissal one week into a six week performance improvement plan was not unfair – appellant contended permission to appeal justified because it was in the public interest to correct a manifest injustice and outcome which was counterintuitive – test for permission to appeal a ‘stringent one’ [Coal & Allied] – rarely appropriate to grant permission to appeal unless an arguable case of appealable error demonstrated – Full Bench considered outcome was counterintuitive and engaged the public interest – held Commission at first instance failed to take into account that consistency of evidence of two witnesses may have been impacted – arguable case that Commission at first instance did not take a number of facts into account resulting in a significant error of fact – arguable case of error made out in relation to three appeal grounds – permission to appeal granted – substantive appeal to be heard. Appeal by Etienne against decision of Binet DP of 25 May 2017 [[2017] FWC 1637] Re: FMG Personnel Services P/L
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