Introduction
Find out how we decide if your lawyer or paid agent can take part in a conference or hearing.
Content
Sometimes you need to ask our permission for your lawyer or paid agent to take part in a conference or hearing.
Find out when and how to ask permission in Representatives and the rules they must follow.
To decide if your lawyer or paid agent can take part, we follow:
- Section 596 of the Fair Work Act
- rule 13 and rule 14 of the Fair Work Commission Rules 2024.
We can only let your lawyer or paid agent take part in a conference or hearing if:
- It would make running of the case more efficient, if the case is complex. For example, a case with a jurisdictional issue might need someone with expert knowledge of case law. OR
- It would be unfair not to because you are unable to represent yourself effectively. For example, you may be from a non-English speaking background or find it hard to read or write. OR
- It would be unfair not to, when we look at fairness between you and other people in the same case.
If the reasons you give do not meet these criteria, we will probably say no to your request.
Representation by Employee Claims Pty Ltd (trading as Employee Dismissals)
Content
On 21 February 2024, the President issued a Statement directing that all unfair dismissal applications and general protections involving dismissal applications that named Employee Claims Pty Ltd (trading as Employee Dismissals) as the applicant’s representative be referred to a Full Bench to decide whether permission should be granted for Employee Dismissals to appear as a paid agent on behalf of the applicant.
A copy of the Statement is available here.
When you may not need permission
Usually, your representative does not need permission to take part in:
- an unfair dismissal conference that a staff conciliator runs
- an anti-bullying conference that a staff conciliator runs
- a conference or hearing for modern awards, minimum wages, workplace determinations or entry permits.
Note: Sometimes the Commission Member will direct that the representative needs permission.