Sydney. Employer failed to prove the case was complex enough to justify hiring a paid agent to fight a dismissal dispute.
Where: Sydney
Case name: Rebecca Burgess v Country Bumpkins NSW Pty Ltd [2025] FWC 2198
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Rebecca Burgess, former employee of a Sydney-based business
What: Employer tried to use a paid agent to fight a claim she was dismissed.
Outcome: Fair Work Commission refused to allow employer to use paid representation at the hearing.
Legal Principle/s:
• Permission to use lawyers or paid agents can be refused if not shown to improve efficiency.
• Jurisdictional objections alone do not make a case complex.
• Familiarity with a case by a paid agent is not enough to justify representation.
Commentary:
This case shows that employers cannot assume they will be allowed legal help in Commission hearings. They must show clear reasons why a lawyer or paid agent is genuinely needed.
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