TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – Commission at first instance found that the employee’s dismissal was not in accordance with Small Business Fair Dismissal Code (the Code) – appellant challenged all identified aspects of the decision – 18 grounds for the appeal including failure to provide adequate reasons for findings and failure to determine the jurisdictional issue relating to the Code before considering the merits of the application – appellant also submitted permission to appeal based on public interest – GlaxoSmithKline Australia P/L v Makin considered – Full Bench accepted appellant’s submission that Commission erred in not discretely considering and determining whether dismissal was consistent with the Code before turning to issue of whether dismissal was unfair – however Full Bench found it does not follow from that conclusion that permission to appeal should be granted – Full Bench found decision procedure did not affect the obvious correctness of the conclusion that the dismissal was not consistent with the Code – found decision made sufficiently clear the basis upon which Commission decided the matter and has allowed the appellant a proper opportunity to exercise its appeal rights – Full Bench wholly satisfied that the text message and abusive phone call could only be understood as constituting a dismissal – not satisfied appeal raises any issue of general application or is counter-intuitive or manifests any injustice – permission to appeal refused. Appeal by Inner West Towing P/L against decision of Drake DP of 14 December 2016 [[2016] FWC 8582] Re: Maynard
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