Lyndell Dryden v The Bethanie Group Inc

[2012] FWA 5170

[2012] FWA 5170

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lyndell Dryden
v
The Bethanie Group Inc
(U2012/4696)

COMMISSIONER WILLIAMS PERTH, 21 JUNE 2012

s.590(2)(a) - Order requiring person to attend Fair Work Australia.

[1] On 6 June 2012 at the request of Mrs Lyndell Dryden (the Applicant) I issued an Order that Mr Stephen Besci attend the Fair Work Australia hearing of this matter to begin on 7 August 2012.

[2] The Bethanie Group Inc (the Respondent) has applied for the abovementioned Order to be set aside.

[3] Both parties have provided written submissions as to whether or not the Order should be set aside.

[4] Having considered the submissions I note that:

• The investigations conducted by the Respondent into the allegations against the Applicant that ultimately lead to her dismissal were undertaken by a HR representative of the Respondent who the Respondent advise will be available for cross examination by the Applicant.



• Mr Besci’s involvement in these matters was peripheral.



• The Applicant’s interest in Mr Besci giving evidence is limited to only one of the findings that the Respondent relies upon as the reasons for the dismissal.

[5] In my view it is not necessary that Mr Besci give evidence in this matter.

[6] Consequently I have decided that the Order that Mr Besci attend Fair Work Australia issued on 6 June 2012 should be revoked.

[7] An order to that effect will issue in conjunction with this decision.

COMMISSIONER

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