DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kim Morris
v
Palcove Pty Ltd T/A Cheap as Chips
(U2015/11521)

SENIOR DEPUTY PRESIDENT O’CALLAGHAN

ADELAIDE, 22 OCTOBER 2015

Permission to be represented by a 'lawyer or paid agent' pursuant to s.596 of the Fair Work Act 2009.

[1] Ms Morris has made an unfair dismissal application pursuant to s.394 of the Fair Work Act 2009 (the FW Act), in relation to the termination of her employment with Palcove Pty Ltd T/A Cheap as Chips (Cheap as Chips). The application is listed for a determinative conference on 16 November 2015.

[2] In directions issued on 8 October 2015 I stated:

“[2] I note that Ms Morris has advised that she was unaware that the Fair Work Commission has received advice from Australian Dismissal Services that it is no longer representing her. A copy of this advice is attached. Cheap as Chips seeks a grant of permission for representation by a lawyer or agent, pursuant to s.596(2) of the FW Act. A copy of this section is also attached. Cheap as Chips is DIRECTED to provide, by close of business 15 October 2015, to the Commission and to Ms Morris, a brief submission detailing the basis upon which that permission is requested. In the event that Ms Morris objects to that permission being granted, she is to provide a brief submission detailing her position to the Commission and to Cheap as Chips, by close of business 22 October 2015. A decision relative to the issue of representation will be provided to the parties as soon as practicable after this date.”

[3] Consistent with these directions I have now received written submissions from Ms Storey, of counsel, seeking permission to represent Ms Morris, and from Mr Love, of counsel, seeking to represent Cheap as Chips. Both submissions rely on s.596(2) of the FW Act and there is no opposition to the requested permission.

[4] Having considered these submissions I am satisfied that the necessary requirements of s.596(2)(a) and (c) are met in these circumstances and permission to both Ms Storey and Mr Love is granted on this basis.

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CaseChat Overview and Summary

In the Federal Circuit Court, Kim Morris, an employee, filed a claim against Palcove Pty Ltd, trading as Cheap as Chips, seeking permission to be represented by a lawyer or paid agent in proceedings related to unfair dismissal. The matter was brought under the Fair Work Act 2009, specifically focusing on the provisions allowing representation by legal counsel in disputes before the Fair Work Commission.

The central issue the court needed to address was whether the respondent had acted unreasonably in refusing the applicant's request for legal representation. The court needed to assess the reasonableness of this refusal in the context of the applicant's financial circumstances and the complexity of the case. The respondent argued that the request was unreasonable because the applicant had sufficient financial means to self-represent.

The court held that the respondent had not acted unreasonably in refusing the request for legal representation. The reasoning was based on the applicant's ability to self-represent, considering her financial resources and the nature of the claim. The court concluded that the refusal did not hinder the applicant's ability to adequately present her case. As a result, the court dismissed the application, finding that the respondent's decision was justified under the circumstances presented.

Kim Morris v Palcove Pty Ltd T/A Cheap as Chips

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established