Mr Steve Pham v Binder Group Pty Ltd
[2013] FWCFB 3386
•28 MAY 2013
[2013] FWCFB 3386 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Binder Group Pty Ltd
(C2013/4110)
VICE PRESIDENT HATCHER | PERTH, 28 MAY 2013 |
Appeal against decision [2013] FWC 1022 of Commissioner Cloghan at Perth on 9 April 2013 in matter number U2012/15006.
[1] In this decision we reproduce the reasons for decision which we stated on transcript at the conclusion of the hearing of this appeal earlier today, 28 May 2013.
[2] The appellant, Mr Pham, seeks permission to appeal against a decision of Commissioner Cloghan dated 9 April 2013. In that decision, the Commissioner dismissed Mr Pham’s application under s.394 of the Fair Work Act 2009 seeking a remedy in respect of his dismissal from his employment with the respondent, the Binder Group Pty Ltd. The Commissioner found that there was a valid reason for Mr Pham’s dismissal, and that his dismissal was not unfair.
[3] Section 400 of the Fair Work Act establishes two special requirements for an appeal from an unfair dismissal decision. Firstly, subsection (1) requires the Full Bench not to grant permission to appeal unless it is in the public interest to do so. Secondly, subsection (2) only permits an appeal on a question of fact to be made on the ground that the decision involved a significant error of fact.
[4] Mr Pham appeared on his own behalf. Making all due allowance for that fact, we must nonetheless conclude that his appeal is properly to be characterised as a plea to have the Full Bench decide his case afresh rather than a genuine attempt to demonstrate error on the part of the Commissioner. There was no real attempt by Mr Pham to identify any errors of fact, let alone significant errors of fact, on the part of the Commissioner.
[5] The conclusions reached by the Commissioner on the basis of the facts found by him appear to us to have been reasonably open to him. The Commissioner took into account the matters he was required to take into account under s.387. That being the case, no issue of the public interest arises in this appeal. Accordingly, as required by s.400(1), we must refuse Mr Pham permission to appeal.
VICE PRESIDENT
Appearances:
S. Pham on his own behalf
I. Sampson with L. Berger for Binder Group Pty Ltd
Hearing details:
2013.
Perth:
28, May.
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