TERMINATION OF EMPLOYMENT – unlawful termination – ss.604, 773 Fair Work Act 2009 – appeal – Full Bench – Commission at first instance found there were not exceptional circumstances that would justify Commission exercising discretion to grant the appellant an extension of time – found application was made 904 days outside time limit and was not satisfied there were exceptional circumstances that would justify the granting of an extension for application to be made – Full Bench found that Commission did not deal with issue of permission for legal representation in Decision at first instance – Warrell v Walton considered – respondent was previously granted permission to be represented and this may have contributed to the DP not explicitly dealing with this issue in decision – held that in accordance with Warrell, issue of permission to be legally represented was required to be dealt with – failing to do so constituted a significant error – not satisfied that Commission exercised power in a manner that was ‘fair and just’ pursuant to s.577(a) of FW Act – error made in accordance with House v The King – permission to appeal granted – appeal upheld – decision at first instance quashed – matter referred to Gooley DP for rehearing. Appeal by Wanninayake against decision and order of Asbury DP of 19 January 2017 [[2017] FWC 321], [PR589506] Re: State of Queensland (Department of Natural Resources and Mines (SIMTARS))
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