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Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Ms Elizabeth Church
v
Eastern Health T/A Eastern Health Great Health and Wellbeing
(U2013/9121)
COMMISSIONER ROE MELBOURNE, 2 DECEMBER 2013
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.”
[2013] FWC 9443
DECISION
E AUSTRALIA FairWork Commission
[2013] FWC 9443
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[2] I grant permission for the Respondent to be represented by a lawyer for the reasons set
out above.
COMMISSIONER
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