A Gold Coast court has found a Queensland police officer did not act improperly when interviewing Russian witnesses whilst investigating the case of alleged bogus doctor Vincent Berg. In a decision handed down in the Southport District Court this morning, Judge David Kent QC did not award a stay on proceedings, argued for last week by Berg’s defence team. Berg, aged in his 60s and a Soviet political refugee, has been charged with more than 24 offences, including grievous bodily harm and fraud. He allegedly forged his medical degree then worked as a psychiatrist in Townsville and on the Gold Coast from 1999-2002.
July 24, 2017
Community housing provider Housing Choices Australia, which operates in Victoria, South Australia and Tasmania, has appointed Saul Eslake, Fabienne Michaux and Meredith Sussex as board members.
July 21, 2017
GENERAL PROTECTIONS – jurisdiction – ss.365, 725, 727, 732 Fair Work Act 2009 – applicant lodged general protections claim in in relation to termination of employment – applicant declared on application form she had not made another claim in relation to dismissal – respondent submitted application be dismissed on grounds applicant had filed application on ‘identical terms’ to the Anti-Discrimination Commission Queensland (‘ADCQ’) – Commission issued directions to file an outline of submissions and any evidentiary material – applicant requested a seven day extension to file submission on date submissions due – Commission granted seven day extension – applicant failed to file submission during extension – respondent requested application be dismissed on papers as applicant failed to comply with directions and provide response – Commission forwarded respondent request that application be dismissed and requested application provide response within two days – applicant provided no response – Commission vacated hearing date and informed parties matter to be relisted – Commission contacted applicant by voicemail and informed her that she was non-compliant with directions and at risk of matter being determined on material currently before Commission – Commission sent correspondence to applicant putting her on notice that if did not hear response by specified date then would determine respondent’s application on material currently before Commission – applicant failed to respond by specified date – Commission left applicant voicemail day following submissions due and notified was to determine respondent’s application on specified date – Commission sent applicant notice of listing for hearing via express post – respondent requested application be struck out on papers and hearing vacated – Commission sent correspondence to applicant notifying of respondent’s request and advising minded to grant application – statutory purpose of s.725 limits applicant to single remedy – Commission empowered to determine whether general protections application statute barred – Commission found relationship between applicant’s general protections application and ADCQ complaint direct and real – ADCQ application was an ‘application in relation to her dismissal’ – jurisdictional objection upheld – application dismissed. Suhr v Allity P/L t/a Sylvan Woods
July 21, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers and Administrative Offices) Multiple Enterprise Agreement 2011-2015 (the Agreement) – applicant filed application to determine if some employees performed duties of an Food and Domestic Services Assistants (FDSA) or as reclassified Orderly/Cleaners – annual multi-skilling allowance (allowance) applied to FDSA employees – respondent disputed applicant’s claim that employees were incorrectly classified – respondent contended employees should be classified as Orderly/Cleaner rather than FDSA – employees notified about change in classification and subsequently did not receive allowance payment – allowance not a serious financial impact on these employees and was administrative error – applicant submitted was unfair – affected employees were informed entitlements would not change following reclassification and changed certification requirement – reclassification letter stated employees’ current entitlement would not be affected – further raised timing of delivery of the reclassification letter as not received by employees until 18 June 2015 – allowance due date on its face meant reclassification had not taken place – reclassification process equated to a major workplace change that should have triggered relevant consultation provision – respondent’s evidence indicated consultation obligations were considered but determined change was only administrative – applicant stated rectification of error was a major change – reclassification process was rushed to avoid payment of allowance and to avoid consultative obligations – Commission held classification stream change represented a major change for a group of employees – rejected allowance was not a serious financial impact – employees were arguably lowest paid classification – found employees were deprived of ability to work in other roles through reclassification – evidence suggested no consultation occurred – found reclassification letter misleading and disingenuous – order to be issued addressing payment of allowance to affected employees – concluded there was no utility in directing parties to consult about reclassification given passage of time. Health Services Union v Latrobe Regional Hospital
July 18, 2017
The federal government’s new appointees to the Fair Work Commission have all acted for companies who engaged in wage underpayment, cancelled agreements and reduced working conditions, unions say. The Australian Council for Trade Unions on Friday said the prime minister has just handed corporations more power and shown his “allegiance to the business community.” The government on Thursday appointed Abbey Beaumont from Fortescue Metals, Amber Millhouse, who has worked at Carlton and United Brewery, and Ian Masson, who worked at oil giant ExxonMobil.
July 18, 2017
Awabakal Local Aboriginal Land Council is defending a s.394 (Application for unfair dismissal remedy) before Commissioner Saunders in his NSW chambers at 2pm (Towers).
July 18, 2017
More than half of doctors in Australia’s public hospitals are working unsafe hours – some more than 70 hours in a single shift. A new audit by the Australian Medical Association found that 53 per cent were on rosters that placed them at significant or higher risk of fatigue. Intensive care physicians and surgeons were the most stretched. One doctor reported working an unbroken 76-hour shift, alongside others who endured shifts of between 53 and 72 hours. AMA president Michael Gannon was left dismayed. “It is disappointing that work and rostering practices in some hospitals are still contributing to doctor fatigue and stress, which ultimately affect patient safety and quality of care and the health of the doctor,” he said in a statement.
July 18, 2017
Three children are to give evidence against their parents in a trial over the alleged neglect death of an elderly woman at her family’s home. Police allege the woman, aged in her 80s, did not get the care she needed from her son and his wife in the nine months before she died in October 2013. Ambulance paramedics were called to the family’s Melbourne house after the woman died, and alerted police when they were appalled by the sight of her in a soiled nappy on a rotten mattress, with food scraps strewn around and a stench through the home. A medical examination later found the woman’s 34-kilogram body had begun to decompose, that her limbs, chest and forehead were covered either in bruises or scabs, and that parts of her body were discoloured, according to court documents. The son, 50, and his wife, 45, were last week committed to stand trial on charges of reckless conduct endangering life and reckless conduct endangering serious injury. Both pleaded not guilty. The couple and the elderly woman cannot be named so as to protect the identities of the couple’s children. The man and wife appeared before the County Court on Friday so a judge could set a date for their trial. They will stand trial in May next year. The couple had their bail extended. The court heard three of their children – two of them teenagers and one younger – were listed as prosecution witnesses. Court documents say one of the couple’s children found her grandmother dead. Judge Lisa Hannan said she was concerned for the children but was told authorities were monitoring the case.
