Leslie Hocking v AG Implement Merredin T/A AG Implements

[2015] FWC 1606

[2015] FWC 1606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Leslie Hocking
v
AG Implement Merredin T/A AG Implements
(U2014/9963)

COMMISSIONER WILLIAMS PERTH, 10 MARCH 2015

Respondent representation.

[1] The respondent has requested pursuant to section 596 of the Fair Work Act 2009 (the Act) that it be granted permission to be represented by a lawyer in the above matter.

[2] Section 596 (2) of the Act provides that the Commission can only exercise the discretion to give permission for a person to be represented by a lawyer or paid agent where:

• it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or



• 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



• 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] The respondent advises it has no dedicated human resources professionals or other staff experienced in workplace relations advocacy who are able to effectively represent the respondent in a hearing.

[4] There is no evidence the respondent is able to represent itself effectively and so I am satisfied it would be unfair not to allow the respondent to be represented by a lawyer.

[5] I have considered the provisions of section 596 (2) of the Act in the context of this particular application and the circumstances of both parties and have decided to grant permission for the respondent to be represented by a lawyer or a paid agent.

COMMISSIONER

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