TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant lodged application for relief from unfair dismissal – application dismissed at first instance – Commission found appellant resigned verbally – appellant submitted decision manifested an injustice – submitted that legal principle applied was inconsistent with those established by previous authority, Commission made error of fact by not inquiring as to the contract of employment, and regarding refusal to allow legal representation – further submitted contract of employment required written notice of termination making verbal resignation ineffective – contract not tendered in first instance – Coal & Allied Mining Services and GlaxoSmithKline considered – rarely appropriate to grant permission unless arguable case of appealable error demonstrated – Full Bench found verbal resignation not invalid despite written resignation required by contract – appellant did not challenge first instance finding that he resigned and confirmed resignation 2 days later – did not assert he was forced to resign due to conduct of respondent – Commission not required to inquire about contract of employment where neither party sought to rely on it – Commission did not make findings inconsistent with decided authority – unclear what could have been achieved had appellant been given opportunity to have legal representation – not satisfied in public interest to grant permission to appeal – not satisfied arguable case of error – permission to appeal refused. Appeal by Bonser against decision of Binet DP of 8 July 2016 [[2016] FWC 3224] Re: Nexus (Aust) P/L t/a Nexus Risk Services
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