Mr Hugh Ross v Path Transit Pty. Ltd

Case [2025] FWC 382


[2025] FWC 382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Hugh Ross
v

Path Transit Pty. Ltd.

(C2025/136)

COMMISSIONER JOHNS

MELBOURNE, 10 FEBRUARY 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 10 February 2025, the 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 Hugh Ross v Path Transit Pty. Ltd [2025] FWC 382
Case
[2025] FWC 382
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Mr Hugh Ross brought an application against Path Transit Pty. Ltd. concerning alleged contraventions involving dismissal. Mr Ross sought permission to be represented in his application, which was brought under section 365 of the Fair Work Act 2009. The central issue before the Commission was whether Mr Ross should be granted permission to be represented in his application.

The Fair Work Act 2009 allows for an application to be made to the Fair Work Commission concerning contraventions involving dismissal. Section 596 of the Act provides that an applicant may be represented if the Commission is satisfied that the applicant is unable to adequately represent themselves due to their age, infirmity, or any other reason. The Commission considered the evidence presented regarding Mr Ross's circumstances and determined whether he met the criteria for representation under the Act.

Commissioner Johns examined the evidence and concluded that Mr Ross was unable to adequately represent himself due to his infirmity. The Commissioner found that Mr Ross's medical condition and circumstances justified granting him permission to be represented. Accordingly, the Commission granted Mr Ross permission to be represented in his application under section 596 of the Fair Work Act 2009.

The Fair Work Commission granted Mr Hugh Ross permission to be represented in his application concerning alleged contraventions involving dismissal. This decision ensures that Mr Ross can adequately present his case with the assistance of a representative, taking into account his infirmity.

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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