St John Ambulance Western Australia Ltd is set to defend a s.394 (Application for unfair dismissal remedy) lodged by ex-staffer Lemmon.
July 25, 2017
The Australian Nursing and Midwifery Federation and Eastern Health are armwrestling a s.739 (Application to deal with a dispute) before Fair Work Commissioner Cribb in conference rooms E & F – level 6 in Melbourne.
July 25, 2017
The Southern District Health Board has been ordered to pay $6000 compensation to a Queenstown nurse for the way it investigated her complaint about a colleague. The New Zealand Employment Relations Authority decision, released last week, found Kate Crush suffered an ‘‘unjustified disadvantage’’ during her employment at a specialist unit in the resort as a result of the investigation. The investigation, carried out by two Southern DHB investigators between August 2014 and July 2015, looked into the conduct of a “clinical professional”, known as Mr X, with whom she had “ongoing work relationship problems” since 2005. In his decision, authority member David Appleton said the catalyst for Ms Crush’s complaint, made in August 2014, was Mr X’s approach the previous month to a mutual colleague of the pair, asking for help in making a complaint against Ms Crush. That colleague alleged Mr X said “if other staff backed him up there was a better chance of getting [Ms Crush] dismissed”. He lodged a formal complaint about Ms Crush that month. In her letter of complaint, Ms Crush claimed Mr X’s behaviour towards her amounted to harassment. She said that he generally ignored her unless she spoke to him first. In their preliminary finding, the investigators concluded there was “insufficient evidence that Mr X was responsible, or that the activity amounted to harassment, and so they did not consider it could be elevated to a disciplinary level”. In a letter informing her of the decision, Ms Crush was told “we are unable as an employer to proceed to discipline people if the allegations are based on perception rather than reality in the form of tangible evidence”. Mr Appleton found Ms Crush had been unjustifiably disadvantaged by the way the investigation was carried out, and that it had several flaws: These were the failure to interview Mr X before rejecting Ms Crush’s claims, a failure to link Mr X’s complaint about Ms Crush to her allegations of harassment, and a failure to interview another mutual colleague of the pair. “… these flaws did lead to disadvantage to Ms Crush, as she was reasonably expecting her complaints to be investigated thoroughly, and her concerns acknowledged at the preliminary stage”, he said. “I cannot safely conclude that had the flaws not occurred, a different outcome would not have occurred as far as the preliminary report is concerned.” He ordered the Southern DHB pay Ms Crush $6000 compensation for humiliation, loss of dignity, and injury to her feelings. The authority did not have the jurisdiction to investigate the second and third stages of the DHB’s investigation into Ms Crush’s complaint “as no sufficiently specific personal grievance was raised in respect of them”. A decision on costs was reserved.
July 24, 2017
Blind and alone, 81-year-old Anne Iddon shared her Sydney sandstone mansion with her husband’s body until she, unable to care for herself, joined him in death. It’s not yet known how long Anne and Geoffrey Iddon had been dead before police found their bodies inside their stately Palm Beach home on Tuesday morning. Mr Iddon, 82, had previously cared for his wife who was blind and had other disabilities, police said. Autopsies are yet to be conducted and a cause of death is yet to be confirmed. But police suspect Mr Iddon died from natural causes and his wife subsequently passed away due to a lack of care.
July 24, 2017
An elderly man has died after falling into a trench in his backyard in Sydney’s west. The 91-year old lived alone and may have been trapped overnight, police say. Paramedics found the injured man alive when they were called to the home in Glenmore Park about 8am on Friday but he later died. Excavations were underway in the man’s backyard and it’s not yet known how long he was trapped in the trench. A report will be prepared for the Coroner.
July 24, 2017
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
