A bag of rubbish is at the centre of a legal stoush between a Far North hospital and a long-term employee. Doris Victoria Busuttil, who worked at Babinda Hospital for about 20 years, is suing for $463,300 in a negligence lawsuit over a back injury she claims occurred at work. Ms Busuttil was an operations officer. On the day she was injured, in April 2015, she had been taking rubbish from the kitchen to an industrial bin outside the hospital building. She is about 140cm tall and the edge of the bin sits above her head. According to documents filed in the Cairns District Court this month, the then-55 year-old was forced to lift the rubbish bag above her head to dispose of it in the bin. Ms Busuttil claims this resulted in an injury to her lower back. She has suffered a moderate lumbar spine injury resulting in increased back and leg pain and consequential restriction of movement and has been unable to return to work. Since the incident, Ms Busuttil claims she has racked up more than $100,000 in medical expenses and lost wages. She has a history of lower back pain while working at the hospital, which resulted in her taking time off in 2009. Ms Busuttil claims the hospital either knew or should have known the task involved a risk. The paperwork said if the hospital had delegated this task to others or and alternative system was available, the injury would not have occurred. Cairns and Hinterland Hospital and Health Service chief executive Clare Douglas said the hospital was unable to provide a statement as the Health Service has not yet been served with any court documents.
August 31, 2017
Ferngrove Pharmaceuticals Pty Ltd has failed to overturn an unfair dismissal claim by Chuan Wei Ji.
August 31, 2017
A s.185 (Enterprise agreement) application by Columbia Aged Care Group T/A Columbia Nursing Services Pty Ltd for its Columbia Aged Care Group, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 has been approved.
August 31, 2017
An application by Health Services Union (s.240 – Application to deal with a bargaining dispute) will be determined by Commissioner Lee in court 3 – level 6 in Melbourne at 2pm.
August 31, 2017
A s.248 (Single interest employer authorisation) application by the Victorian Hospitals’ Industrial Association has been granted by Commissioner Cribb in Melbourne on 29 August 2017.
August 31, 2017
Southern Cross Community Healthcare Pty Ltd is set to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in his Sydney chambers (Kellner).
August 31, 2017
TERMINATION OF EMPLOYMENT – misconduct – ss.387, 390, 394 Fair Work Act 2009 – unfair dismissal application – applicant was a carer in group home – terminated for serious misconduct on basis verbally aggressive and pushed resident – denied alleged conduct – two witnesses of alleged conduct – applicant argued fundamental differences between two witnesses – witness gave several inconsistent statements – other witness unavailable – witness not called to give evidence as respondent unable to contact – Commission made finding on balance of probabilities of allegations – Briginshaw relevant test – little weight to be given to witness statement of absent witness – oral evidence before Commission of applicant and respondent witness – two conflicting accounts before Commission – applicant consistent in his evidence – respondent’s witness not consistent and changed between incident report and evidence before Commission – not a credible witness – on balance of probabilities applicant not verbally aggressive or push resident – not satisfied there was a valid reason for dismissal – applicant did not engage in serious misconduct – dismissal was harsh, unjust, unreasonable. Morag v Department of Health and Human Services
August 30, 2017
An elderly man is locked in a legal dogfight with his retirement village who want take his beloved german shepherd away from him — even though it is his assistance dog. John Murphy, 79, is taking on the Catholic Aged Care Sydney in the NSW Civil Administrative Tribunal after his Watsons Bay retirement village ordered he get rid of Rex because it has a no dogs policy. Mr Murphy adopted Rex 15 months ago after psychiatrists at St Vincent’s Hospital recommended he get a dog to help him deal with the stress he experienced when his wife, Gael, was moved to a high-care dementia facility. But Vaughan Village, run by Catholic Aged Care Sydney, is trying to boot out Mr Murphy’s mate from the pair’s independent unit. The tribunal ruled against Mr Murphy last month and told him to find Rex a new home, but he was granted leave to appeal and is fighting to keep his companion. Mr Murphy said Rex is an assistance animal and under the Disability Discrimination Act and Companion Animals Act it would be unlawful to remove him. In the hearing he provided a letter from psychiatrist Dr Kate Mullin who said Mr Murphy had been “suffering significant carer stress” that was “adversely affecting his mental health”. “We have noticed a marked improvement in Mr Murphy’s presentation since adopting Rex.” “We have noticed a marked improvement in Mr Murphy’s presentation since adopting Rex, such that his mental health issues have largely resolved and he is better able to continue to care for his wife,” Dr Mullin wrote. He also provided Rex’s certificate of registration from the NSW Companion Animals Register and letters from not-for-profit organisation mindDog which confirmed Rex is a trainee psychiatric assistance dog. “When we went to court I was allowed to take Rex in with me because they recognised the certificate … but then the same court have ruled against him,” Mr Murphy said. The village said four residents complained about Rex, claiming he was a “nuisance”. Trustee of Catholic Aged Care Sydney Michael Moore said he couldn’t comment on the case specifically but he took the “safety and welfare of all our residents very seriously”.
