Mainak Majumdar v Peninsula Health T/A Frankston Hospital
[2015] FWCFB 7679
•11 NOVEMBER 2015
| [2015] FWCFB 7679 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Peninsula Health T/A Frankston Hospital
(C2015/6066)
VICE PRESIDENT WATSON | MELBOURNE, 11 NOVEMBER 2015 |
Appeal against decision [2015] FWC 5667 of Commissioner Wilson at Melbourne on 24 August 2015 in matter number U2015/760 – Permission to appeal – Whether grounds of appeal attract public interest – Permission to appeal not granted – 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 28 October 2015. It concerns an application for permission to appeal against a decision of Commissioner Wilson of 24 August 2015 in relation to Dr Mainak Majumdar’s unfair dismissal application.
[2] The grounds of appeal seek to challenge two aspects of that decision. First, the conclusion that reinstatement is inappropriate and secondly, the aspect of the decision regarding the quantification of compensation.
[3] Both of those aspects, in our view, clearly involve the exercise of a discretion, although obviously the provisions of the Fair Work Act 2009 in relation to both of them need to be applied in a proper manner. In order to justify permission to appeal in such a matter, there must be ordinarily an arguable case of an appealable error having regard to the nature of the decision and also it must be demonstrated that it is in the public interest to grant permission to appeal.
[4] We are not satisfied on the arguments advanced that there is an arguable case of an appealable error in relation to either of the grounds. We are further not satisfied that a case has been made out that it is in the public interest that permission to appeal be granted. In those circumstances we decline to grant permission to appeal. We dismiss the application for permission to appeal.
VICE PRESIDENT
Appearances:
Ms J. Firkin, of counsel, on behalf of Dr M. Majumdar.
Mr N. Harrington, of counsel, on behalf of Peninsula Health T/A Frankston Hospital
Hearing details:
2015.
Sydney – Video Link to Melbourne.
28 October.
Final written submissions:
Dr M. Majumdar on 12 October 2015.
Peninsula Health T/A Frankston Hospital on 28 October 2015.
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