| [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
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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- AGLC
- Mr Hugh Ross v Path Transit Pty. Ltd [2025] FWC 382
- Case
- [2025] FWC 382
- Decision Date
CaseChat Overview and Summary
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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