Mr Cuthbert Giles Gomes v CPL Travel Service Pty. Ltd., Dr Devinder Grewal

[2025] FWC 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Cuthbert Giles Gomes
v

CPL Travel Service Pty. Ltd., Dr Devinder Grewal

(C2024/9431)

COMMISSIONER JOHNS

MELBOURNE, 19 FEBRUARY 2025

Application to deal with contraventions involving dismissal - whether the Applicant and Respondent should be granted permission to be represented

For the reasons given in transcript on 19 February 2025, pursuant to s.596(2) of the Fair Work Act 2009 (Cth), both the Applicant and Respondent are given permission to be represented.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has recently dealt with an application from Mr Cuthbert Giles Gomes against CPL Travel Service Pty. Ltd. and Dr Devinder Grewal. The nature of the dispute concerns alleged contraventions involving dismissal under the Fair Work Act 2009. Mr Gomes sought representation in the proceedings, which was opposed by the respondents.

The primary legal issue before the Commission was whether Mr Gomes and the respondents should be granted permission to be represented during the proceedings. This determination hinges on the fairness and efficiency of the legal process, ensuring that all parties have adequate opportunity to present their cases. The Commission considered the procedural fairness and the necessity for representation to ensure a just outcome.

The Commission, after considering the arguments presented by both parties, concluded that granting permission for representation would facilitate a fair and efficient process. The decision to allow representation was based on the complexity of the issues and the necessity for both parties to have legal counsel to navigate the intricacies of the law. This decision ensures that the proceedings are conducted in a manner that upholds the principles of justice and fairness.

No further orders were made beyond the granting of permission for representation. This decision underscores the importance of legal representation in complex disputes, particularly those involving statutory compliance and the rights of employees under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established