Mr Dalbir Singh v Downer Edi Services Pty Ltd

Case [2025] FWC 106


[2025] FWC 106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Dalbir Singh
v

Downer Edi Services Pty Ltd

(C2024/9032)

COMMISSIONER JOHNS

MELBOURNE, 13 JANUARY 2025

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

  1. For the reasons explained in transcript on 13 January 2025, Mr Dalbir Singh (Applicant) is granted permission to be represented under s.596 of the Fair Work Act 2009 (Cth).

COMMISSIONER

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Details
AGLC
Mr Dalbir Singh v Downer Edi Services Pty Ltd [2025] FWC 106
Case
[2025] FWC 106
Decision Date

CaseChat Overview and Summary

In the matter of Mr Dalbir Singh versus Downer Edi Services Pty Ltd, the applicant, Mr Dalbir Singh, has filed an application seeking permission to be represented under section 596 of the Fair Work Act 2009. The application is filed before the Fair Work Commission, specifically Commissioner Johns, in Melbourne. The applicant, who was previously dismissed, is contesting the dismissal and seeks representation to effectively address the legal issues related to the alleged contraventions involving his dismissal.

The central legal issue before the court was whether the applicant, Mr Dalbir Singh, should be granted permission to be represented under section 596 of the Fair Work Act. The court had to consider the circumstances under which the applicant was dismissed and evaluate if the representation would be beneficial in addressing the alleged contraventions. The primary focus was on determining whether the applicant's case warranted the involvement of a legal representative to ensure fair treatment and adequate presentation of his claims.

The court, after reviewing the application and considering the relevant provisions of the Fair Work Act, concluded that the applicant should be granted permission to be represented. The court found that the applicant's case involved complex issues related to the dismissal, and the presence of a legal representative would assist in navigating these complexities effectively. The decision was based on the need to ensure that the applicant's rights were adequately protected and that the proceedings were fair and just.

The final orders of the court were that Mr Dalbir Singh is granted permission to be represented under section 596 of the Fair Work Act 2009. This decision allows the applicant to proceed with his case with the assistance of legal representation, thereby enhancing his ability to address the alleged contraventions involving his dismissal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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