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