CASE PROCEDURES – evidence – production of documents – ss.394, 590(2) Fair Work Act 2009 – application for relief from unfair dismissal remedy – order for AWH P/L to produce documents – application for production of documents concerned a list of staff turnover referred to in one of the respondent’s witness statements – submitted that production of documents necessary due to relevance, legitimate forensic purpose and because it was not oppressive or a ‘fishing expedition’ – respondent submitted that documents would need to be ‘created’ to comply, that the information was highly confidential and would breach its privacy policy and the Privacy Act (Cth) – also submitted that the application was an attempt to question the ‘character’ of their evidence that would result in a delay and disruption to the hearing – applicant submitted in reply that the purpose of obtaining the list was to test its veracity and to establish if the respondent followed correct procedure with each redundancy – Commission held that while other employees being made redundant may be evidence of context, it is only required to find whether the position of Business Development Executive was no longer required to be performed, as a discrete position, by the employer – further held that the issue of other employee’s circumstances would not be determinant of this – Commission not persuaded that the employment details of other employees whose employment ended on grounds of redundancy would assist it specifically in relation to the position of Business Development Executive – held that the applicant had the opportunity in cross examination to ‘test’ the veracity of the document as it was attached to the respondent’s witness statement – Commission exercised its discretion not to inform itself in the manner sought by the applicant pursuant to s.590(2) of the FW Act. Smith v AWH P/L
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