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

[2015] FWC 7310

[2015] FWC 7310

FAIR WORK COMMISSION

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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