Fair Work Act 2009_

s.394 - Application for unfair dismissal remedy

Eastern Health T/A Eastern Health Great Health and Wellbeing

Application for relief from unfair dismissal - permission to be represented by a lawyer.

[1] On 25 November 2013 I advised the parties of my Decision in respect to the Respondent's application to be represented by a lawyer. The reasons for my Decision are set out in email correspondence from my Associate of that date as follows:

"The Commissioner has received submissions from the Respondent in respect to their application to be represented by a lawyer. The Commissioner has also received a brief submission in response on behalf of the Applicant.

The Commissioner considers that this matter is distinguishable from that applying in the G&S Fotunato Group matter [[2013] FWCFB 4098] referred to by the Applicant. In that case the Full Bench made the following observations:

"[8] In support of her application for permission to appear, Ms Forsyth relied on s.596(2)(a) and submitted that the grant of permission to appear would enable the matter to be dealt with more efficiently. It was conceded that there was no particular complexity about the appeal and that the matters in paragraphs 596(2)(b) and (c) did not arise in the circumstances of this matter.

[9] We declined to grant permission to appear. There is no particular complexity about the appeal and we were not persuaded that granting permission 'would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter'. Nor are the matters in s.596(2)(b) and (c) enlivened in the circumstances of this matter."

The Commissioner does not agree with the Respondent that s 596(2)(c) has application in this matter because the Applicant is represented by the HSU. However, the Commissioner does agree with the Respondent that the nature of the matters to be dealt with has greater complexity and on balance the Commissioner has decided that the matter will proceed more efficiently if permission is granted. Permission will be granted."

[2] I grant permission for the Respondent to be represented by a lawyer for the reasons set out above.

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