Sanity sometimes prevails; representation in the Fair Work Commission

The Fair Work Commission has granted an employer leave to be legally represented in an unfair dismissal case so that the evidence could be dealt with in a “less emotive” way given the “personal animosities involved in the case.
O’Callaghan DP found complex issues would be dealt with more efficiently and on a “less emotive basis given the allegations that (the employer’s) personnel were directly threatened. . . and were also involved in determining what action should be taken as a consequence”.
He said there was also a “substantial risk that personal animosities will impact on the determination of this matter” and this was “best reduced by the involvement of external legal resources”.”.

Nelpurackal v CARA Inc (2015) FWC 7603 delivered 5 November 2015