Ms Grace Mazi v Ozcare

[2016] FWC 948

[2016] FWC 948

The attached document replaces the document previously issued with the above code on 17 February 2016.

Filed with incorrect date

Associate to COMMISSIONER SIMPSON

Dated 22 February 2016

[2016] FWC 948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Ms Grace Mazi
v
Ozcare
(U2015/12332)

COMMISSIONER SIMPSON BRISBANE, 17 FEBRUARY 2016

Applications for Legal Representation– Permission granted to Applicant and Respondent.

[1] Both parties have filed submissions seeking permission to be legally represented in a matter concerning an application under s 394 of the Fair Work Act 2009 (“the Act”) by Ms Grace Mazi (“the Applicant”) who alleges that the termination of her employment with Ozcare (“the Respondent”) was unfair.

[2] Section 596 of the Act provides as follows:

596 Representation by lawyers and paid agents

(1) Except as provided by subsection (3) or the procedural rules, a person may be represented in a matter before the FWC (including by making an application or submission to the FWC on behalf of the person) by a lawyer or paid agent only with the permission of FWC.

(2) FWC may grant permission for a person to be represented by a lawyer or paid agent in a matter before FWC only if:

(a) it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or
(b) it would be unfair not to allow the person to be represented because the person is unable to represent himself, herself or itself effectively; or
(c) it would be unfair not to allow the person to be represented taking into account fairness between the person and other persons in the same matter.

Note: Circumstances in which FWC might grant permission for a person to be represented by a lawyer or paid agent include the following:

(a) where a person is from a non-English speaking background or has difficulty reading or writing;
(b) where a small business is a party to a matter and has no specialist human resources staff while the other party is represented by an officer or employee of an industrial association or another person with experience in workplace relations advocacy.

(3) The FWC’s permission is not required for a person to be represented by a lawyer or paid agent in making a written submission under Part 2-3 or 2-6 (which deal with modern awards and minimum wages).

(4) For the purposes of this section, a person is taken not to be represented by a lawyer or paid agent if the lawyer or paid agent:

(a) is an employee or officer of the person; or
(b) is an employee or officer of:

(i) an organisation; or
(ii) an association of employers that is not registered under the Registered Organisations Act; or
(iii) a peak council; or
(iv) a bargaining representative;

that is representing the person; or
(c) is a bargaining representative.

[3] The Applicant’s witness statement runs to 13 pages with 31 attachments. The hearing is set down for two days. The reasons for termination involve a number of allegations in respect of the Applicant’s conduct and performance. The Respondent is calling a number of witnesses to give evidence. It is apparent the hearing will involve cross examination of witnesses concerning a range of factual disputes as elements of the alleged conduct are contested.

[4] The matter is sufficiently complex that it is appropriate to grant permission for both parties to be legally represented as it will enable the matter to be dealt with more efficiently. Accordingly both applications for permission to be legally represented are granted.

COMMISSIONER

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