Santosheema Pty Ltd T/A Cardiac Care Centre v Marianne Alexander
[2015] FWCFB 6944
•9 OCTOBER 2015
| [2015] FWCFB 6944 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Marianne Alexander
(C2015/5756)
VICE PRESIDENT WATSON | MELBOURNE, 9 OCTOBER 2015 |
Appeal against decision [[2015] FWC 2544] of Deputy President Gooley at Melbourne on 13 April 2015 in matter number U2014/16217 – 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 in transcript at the conclusion of the hearing on 30 September 2015. It concerns an application for permission to appeal against a decision of Deputy President Gooley of 13 April 2015 in relation to Marianne Alexander’s unfair dismissal application.
[2] We have considered the matters that have been raised by Ms Brahmbhatt in her oral submissions and in writing filed with the Commission and we have decided to deny permission to appeal in this matter. The decision of Deputy President Gooley related to a procedural issue as to whether the application could proceed and whether a further opportunity to file material should be allowed. That was clearly a procedural issue and it involved the discretion of the Deputy President dealing with the logistics of the unfair dismissal matter.
[3] It appears to us that the matters that have been raised in the appeal are very similar to matters that were raised before the Deputy President. We make no comment about any of the merits of that matter. We simply say that Deputy President Gooley made a procedural ruling which appears to us to be unexceptional. We are not persuaded there is any error in the exercise of the Deputy President’s discretion or that it is in the public interest to grant permission to appeal. We therefore dismiss that application. The consequence of our decision is that the unfair dismissal matter will proceed.
VICE PRESIDENT
Appearances:
Ms S. Brahmbhatt for Santosheema Pty Ltd T/A Cardiac Care Centre.
Ms M. Alexander on her own behalf.
Hearing details:
2015.
Melbourne – by Telephone Link to Sydney.
30 September.
Final written submissions:
Santosheema Pty Ltd T/A Cardiac Care Centre on 28 September 2015.
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