CASE PROCEDURES – representation – ss.394, 596 Fair Work Act 2009 – application by respondent to be represented by a lawyer in hearing of two applications for unfair dismissal remedy – Commission not satisfied that the matter involved complexity beyond that which would ordinarily be found in two, interrelated, unfair dismissal matters – given the size of the respondent’s operation, which included HR specialists and legal staff, Commission not convinced that the employer could not effectively represent itself without external legal representation – issue of fairness between the parties a matter of significance – respondent submitted that it would be grossly unfair if they were unable to be represented as they submitted that there were no suitable HSBC employees who could familiarise themselves with the circumstances of the matters – applicants submitted that, as they were unrepresented, there would an imbalance if the employer was permitted legal representation – Commission influenced by factors regarding fairness between the parties and the requirement for informality [Warrell] – Commission found that unnecessary formality would be created as well as an imbalance between the parties if the respondent was granted permission to be represented – Commission not satisfied respondent unable to effectively represent itself – permission refused. Ahmed and Anor v HSBC Bank Australia Limited
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