Ms Eleni Tzaros v ServiceNow Australia Pty Ltd

Ms Eleni Tzaros filed an application with the Fair Work Commission against ServiceNow Australia Pty Ltd, alleging contraventions involving her dismissal. The case was heard by Commissioner Johns in Melbourne on 18 February 2025. The central issue before the Commission was whether the applicant and respondent should be granted permission to be represented in the proceedings. The matter was considered under section 365 of the Fair Work Act 2009, focusing on the procedural aspect of representation in dismissal-related disputes.

The legal question before the Commission was whether the provisions of section 596 of the Fair Work Act 2009 should be applied to allow both parties to be represented. This section pertains to the right of parties to be represented by an advocate or a union representative during proceedings. The Commission examined the circumstances and the nature of the dispute to determine if special circumstances warranted the granting of representation. Commissioner Johns considered the implications of representation on the fairness and efficiency of the proceedings, as well as the rights of the parties involved.

After reviewing the evidence and arguments presented, Commissioner Johns determined that the application for permission to be represented should not be granted. The reasoning was based on the specific circumstances of the case, which did not meet the threshold for exceptional representation under the Act. The decision emphasized the importance of maintaining procedural fairness while also considering the practicalities of the case. The outcome was that neither party would be permitted to be represented by an advocate or a union representative in this matter.

In conclusion, the Fair Work Commission ruled that Ms Eleni Tzaros and ServiceNow Australia Pty Ltd were not to be granted permission to be represented under section 596 of the Fair Work Act 2009. The decision was rendered on 18 February 2025, and the Commission's rationale was articulated in the transcript of the proceedings. The ruling ensures that the proceedings will continue without the involvement of legal representatives, as deemed appropriate under the circumstances of this case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established