Amara Somasundaram v State of Victoria (Department of Education & Training, North-Eastern Victoria Region)
[2015] FWC 2948
•30 APRIL 2015
| [2015] FWC 2948 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Amara Somasundaram
v
State of Victoria (Department of Education & Training, North-Eastern Victoria Region)
(U2015/2980)
COMMISSIONER RYAN | MELBOURNE, 30 APRIL 2015 |
Application for relief from unfair dismissal - representation.
[1] This decision concerns applications by the Applicant and Respondent through their solicitors to be legally represented pursuant to s.596(2) of the Fair Work Act 2009 (the Act).
[2] Section 596of the Act provides:
"(1) Except as provided by subsection (3) or the procedural rules, a person may be represented in a matter before the FWC (including by making an application or submission to the FWC on behalf of the person) by a lawyer or paid agent only with the permission of the FWC.
(2) The FWC may grant permission for a person to be represented by a lawyer or paid agent in a matter before the FWC only if:
(a) it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or
(b) it would be unfair not to allow the person to be represented because the person is unable to represent himself, herself or itself effectively; or
(c) it would be unfair not to allow the person to be represented taking into account fairness between the person and other persons in the same matter."
[3] Both the Applicant’s and the Respondent’s submissions asserted that permission should be granted pursuant to s.596(2)(a) on the basis that it would enable the matter to be dealt with more efficiently, taking into account the complexity of the issues involved.
[4] I consider that a grant of permission pursuant to s.596(2)(a) is appropriate in the circumstances of this matter.
[5] Permission for legal representation pursuant to s.596(2)(a) is granted to the Applicant and Respondent.
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