Dr Debbie Obatoki v Mallee Track Health & Community Services
[2015] FWCFB 8791
•1 October 2015
| [2015] FWCFB 8791 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Mallee Track Health & Community Services
(C2015/7025)
VICE PRESIDENT WATSON | MELBOURNE, 23 DECEMBER 2015 |
Appeal against decision [2015] FWC 6805 of Commissioner Cribb at Melbourne on 1 October 2015 in matter number U2014/6367 – Permission to appeal – Whether grounds of appeal attract public interest – Whether arguable case of appellable error – Fair Work Act 2009 – ss.394, 400 and 604.
[1] This decision is an edited version of a decision given on transcript at the conclusion of the hearing on 17 December 2015. It concerns an application for permission to appeal against a decision of Commissioner Cribb of 1 October 2015 relating to the amount of compensation awarded to Dr Debbie Obatoki following the earlier decision in which the Commission found that Dr Obatoki had been unfairly dismissed.
[2] Permission to appeal can only be granted if the appellant is able to demonstrate that it is in the public interest that permission be granted. While the appellant did not appear on the day of the hearing, we have considered the material that has been filed by the appellant and the submissions made by the respondent at the hearing and in writing. The appeal relates to the rate of pay used to calculate the order for compensation. It is not alleged that there is a significant discrepancy. We are not satisfied that there is an arguable case of appellable error or that it is in the public interest to grant permission to appeal.
[3] In those circumstances, we decline to grant permission to appeal and dismiss the application for permission to appeal.
VICE PRESIDENT
Appearances:
Mr B. Tallboys for Mallee Track Health & Community Services.
Hearing details:
2015.
Melbourne.
17 December.
Final written submissions:
Dr D Obatoki on 12 November 2015.
Mallee Track Health & Community Services on 19 November 2015.
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