An application by Health Services Union (s.437 – Application for a protected action ballot order) will be determined by Commissioner Harper-Greenwell in Melbourne.
August 18, 2017
A Tasmanian man is alleging he needed to have his leg amputated after a botched knee operation and is suing a medical specialist and his regional hospital. Wayne Ball has launched a claim for unspecified damages for medical negligence against orthopaedic surgeon Dr Richard Hocking and the North West Regional Hospital in Burnie following a left knee replacement in 2014.
August 18, 2017
The Brotherhood of St Laurence will defend a s.739 (Application to deal with a dispute) before deputy president Clancy in his Melbourne chambers (Noisette).
August 18, 2017
The former chief executive of one of Australia’s biggest Aboriginal corporations, who is accused of a $350,000 rip-off from his former employers, has signalled he intends to use the lack of action against him by the Federal regulator as a defence in a legal bid to get the money back. The Gumala Corporation, which manages millions of dollars of iron ore royalties from Rio Tinto on behalf of the Banyjima, Innawonga and Nyiyaparli peoples, is chasing former boss Steve Mavrigiannakis for hundreds of thousands of dollars to which it says he was never entitled to.
August 18, 2017
Knoxfield Medical Centre Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Logan).
August 18, 2017
The Health Services Union and Albury Wodonga Health have a s.739 (Application to deal with a dispute) on foot before Commissioner Bissett in court 5 and conference room D – level 6 in Melbourne.
August 18, 2017
ENTERPRISE BARGAINING – scope order – s.238 Fair Work Act 2009 – application for scope order to determine whether employees to be involved in bargaining were fairly chosen – employer issued a notice of employee representational rights (NOERR) to employees indicating an intention to commence bargaining for an agreement – NOERR excluded 12 employee positions from coverage – Commission considered whether employees geographically, operationally or organisationally distinct – employer claimed excluded positions are senior managers and leaders which are operationally and organisationally distinct from positions proposed to be covered by agreement – Commission found insufficient evidence about extent of managerial authority of excluded positions – not satisfied that excluded group are operationally or organisationally distinct – Commission further considered whether reasonable in all the circumstances to grant the scope order – employer claimed that it was the preference of the individual employees themselves to be excluded from coverage – Commission found little evidence to support employer’s claim and considered employee preference a matter to be taken into account, but not determinative in deciding whether making of scope order is reasonable in all the circumstances – found reasonable to make order that scope of employee classifications to be covered by proposed agreement as expressed in NOERR amended to include excluded positions. Australian Nursing and Midwifery Federation-Northern Territory Branch
August 18, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394, 587 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was forced to resign because of conduct of respondent and Deed of Release (Deed) was signed under duress – respondent submitted there was no dismissal and Deed acts as a bar to the making of an unfair dismissal application – Applicant was suspended from duty pending investigation into alleged serious misconduct – provided resignation letter to respondent and signed Deed – Pawel and ABB Engineering considered – Commissioner determined Deed was binding and a complete bar to application – not persuaded applicant was forced to resign – not a dismissal within the meaning of the Fair Work Act – application dismissed. Fowler v United Care Wesley Bowden Inc
