A s.318 (Application for an order relating to instruments covering new employer and transferring employees) by Douglass Hanly Moir Pathology T/A Douglass Hanly Moir for its San Pathology Pty Limited Staff Enterprise Agreement 2015-2017 has been granted by Commissioner Johns in Sydney on 7 August 2017.
August 9, 2017
A norovirus outbreak has forced a Hervey Bay aged care home into lockdown. Almost half of the residents at the 97-bed Kirami Residential Aged Care had been struck down by the illness this week. About a dozen staff members were also being treated.
August 9, 2017
A 52-year-old woman who bit, spat and vomited on an off-duty police officer on a Qantas plane undoubtedly scared the passengers and pilot, according to the Mount Isa magistrate. The Mount Isa Magistrates Court heard that Tracey Proctor, formerly an aged care nurse, caused a disturbance when she was on Qantas flight 1782 between Brisbane and Mount Isa on the evening of Monday, May 22. Magistrate James Morton summarised that Proctor had several glasses of wine without trouble but during the “home stretch” of the flight became agitated and swore loudly. A passenger recorded the woman’s behaviour on a phone – studied by the magistrate. She had spat on an off-duty police officer, who had interceded and identified himself. The footage did not show this moment happening, the magistrate did note. The court heard that Proctor vomited and then wiped some of it on the officer’s leg. Qantas staff then used plastic handcuffs to restrain her. Proctor was filmed screaming and yelling phrases including “f—k off”, “you f—king dog”, “you’re s—t,” the magistrate said.
August 9, 2017
More than 200 clinicians working in public hospitals in Queensland have restrictions on their medical licences but health authorities have declined to reveal the Hospital and Health Service where they are employed.
August 9, 2017
Remote and regional nurses in WA have blown the whistle on what they say are atrocious work conditions, including systemic workplace bullying and patient violence. Four nurses spoke about work conditions in remote nurse posts and regional hospitals which they claim led to the suicide of three colleagues in the past eight months.
August 9, 2017
A s.185 (Enterprise agreement) application by Euroa Health Inc for its Euroa Health Inc and the Australian Nursing and Midwifery Federation and the Health Workers Union, Nurses and Allied Health Services Collective Agreement 2016 has been approved by Fair Work Commissioner Johns in Sydney on 7 August 2017.
August 8, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as registered nurse at aged care facility – applicant summarily dismissed for serious misconduct – respondent relied on videos evidence of three separate incidents taken by colleague in support of decision to terminate employment – videos taken without applicant’s knowledge or approval – first incident was of applicant laying on residents bed wearing dark glasses – applicant submitted she was resting eyes subsequent to recent eye surgery – Commission accepted this as applicant only at work that day to save respondent cost of employing a casual – second incident was in a resident’s dining room where applicant stated to resident you ‘can’t do anything – you can’t even walk´ – whilst Commission accepted sometimes necessary to speak in forceful tone to residents with dementia, Commission cannot condone words – words considered inappropriate, offensive, disrespectful and demeaning – respondent further submitted applicant was laughing at death of two residents – respondent claimed inappropriate to go into specific details of resident’s death – Commission stated graphic details not appropriate conversation in residents’ dining room – such explanation breached confidentiality of resident – third incident involved allegedly ignoring buzzers of residents while in residents’ TV room drinking tea or coffee – respondent claimed applicant was neglecting duties – applicant submitted she was on break – Commission accepted this – applicant stood down with full pay while investigation carried out – applicant submitted not guilty of alleged misconduct – applicant submitted recordings were in breach of her privacy and respondent knew they were obtained without consent and therefore could not rely upon them – applicant submitted denied procedural fairness – respondent submitted had valid reason to terminate applicant’s employment based on allegations of serious misconduct – respondent submitted gave applicant opportunity to respond to the allegations – Commission found trust placed in employees of aged care industry not open to abuse or neglect – Commission took into account applicant was entitled to be shown video footage taken by colleague – gave inconsistency between first statement and oral evidence little weight which alleviated procedural fairness exponentially – considered factors in Parmalat – found applicant not unfairly dismissed. Govender v Bupa Aged Care Mosman
August 8, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was constructively dismissed due to false accusations about conduct and indignant treatment she was subjected to immediately prior disciplinary meeting and resignation – submitted she was encouraged to change resignation letter and resign with immediate effect – respondent raised jurisdictional objection on basis applicant not dismissed but resigned voluntarily – applicant worked as Assistant in Nursing at aged care facility – alleged misconduct related to video evidence taken on two occasions by colleague without applicant’s knowledge – applicant and respondent had differing recollections of applicant being advised of misconduct allegations and proposed investigation – Commission reviewed video evidence – Commission found no valid reason for termination – dismissal harsh and unfair – no reason why employment relationship could not be restored – previous manager no longer employed by respondent and applicant had excellent rapport with residents, their families and fellow employees – considered may be difficult for applicant to find alternative employment due to age and language deficiency – held applicant to be reinstated former position within 7 days of decision at Mosman facility, with same hours and duties – applicant to maintain continuity of employment – respondent to pay applicant base pay, excluding any weekend penalties, for period 16 November 2016 to 18 July 2017. Tavassoli v Bupa Aged Care Mosman
