Metlifecare Pakuranga Retirement Village manager Jane Ralston is to leave after 24 years.
July 7, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009– application for relief from unfair dismissal – applicant employed as General Manager with respondent in remote area of Northern Territory (NT) from 23 May 2016 to 5 December 2016 – respondent raised jurisdictional objections that applicant not protected from unfair dismissal as not covered by enterprise agreement and earned more than high income threshold; and applicant was not dismissed but had resigned – Commission satisfied applicant was covered by enterprise agreement – whether applicant resigned or was dismissed – incident occurred on 20 November 2016 in which company vehicle driven by applicant was stopped by NT Police – NT Police searched vehicle and seized significant amount alcohol in excess of amount prescribed under applicant’s Liquor Permit – applicant reported incident to respondent on 21 November 2016 and was told that they would await NT Police action – respondent submitted that NT Police contacted them on 23 November 2016 to inform it that charges would be laid against applicant – respondent then talked to applicant who offered verbal resignation and agreed to final day of 5 December 2016 – respondent explained that applicant would be terminated if he did not resign by then – applicant disputed this version of events and submitted that he did not meet with respondent until 24 November 2016 to note that he had not heard from NT Police – applicant submitted that he met with respondent on 25 November 2016 who suggested that he should resign – applicant submitted that he called respondent on 29 November 2016 to state that he would not be resigning and respondent stated he would be terminated if he did not by 5 December 2016 – on 5 December 2016 applicant reiterated he would not resign and was subsequently terminated by respondent – respondent submitted that applicant did not rescind his earlier offer of resignation until 5 December 2016 – Commission noted evidence suffers to degree of embellishment and inconsistency – found on balance of probabilities that applicant had agreed to resign no later than 28 November 2016 – found respondent formed view that applicant had changed his mind and therefore dismissed applicant on 5 December 2016 – found applicant was dismissed on respondent’s initiative – satisfied applicant protected from unfair dismissal – whether valid reason for dismissal – applicant terminated for possession of an illegal quantity of alcohol in company vehicle and breach of code of conduct – applicant contested breach of code of conduct and that behaviour insufficiently serious to warrant termination – Commission found valid reason for dismissal – applicant’s attempt to disregard NT liquor permit system justified dismissal – found applicant not unfairly dismissed – application dismissed. Kelly v Bawinanga Aboriginal Corp t/a Bawinanga Aboriginal Corporation
July 7, 2017
GENERAL PROTECTIONS – costs – ss.365, 375B, 611 Fair Work Act 2009 – application to deal with contraventions involving dismissal – application for indemnity costs – applicant had previously raised numerous allegations of bullying, harassment, discrimination and unfair treatment during her employment – Commission advised General Protections claim had no reasonable prospects of success – s.368 Certificate issued – multiple proceedings – anti-bullying application settled – comprehensive settlement of all known and unknown claims – subsequent General Protections claim lodged – costs sought pursuant to ss.375B and 611 of FW Act – unreasonable act incurring costs – Commission held application frivolous, vexatious and instituted without reasonable cause – application had no reasonable prospects of success – abuse of process – inappropriate behaviour and unacceptable conduct of applicant – principles in respect to costs orders considered [Qantas Airways], [Hamilton James and Bruce] – indemnity costs ordered in rare and unusual circumstances – Commission satisfied costs order should be made against applicant – found indemnity costs appropriate for respondent – respondent directed to file assessment of costs in respect of application – further orders to be made to conclude this application based on Commission’s Schedule of Costs. Fadheel v Douglass Hanly Moir Pathology P/L
July 6, 2017
Patients at a private hospital in Melbourne’s east have been quarantined over a nine-day period after an outbreak of gastroenteritis. Seven patients and a number of staff became sick and a ward was closed, Cabrini Malvern executive director Dr Simon Woods said.
July 6, 2017
The Chief Financial Officer of Paragon Care, Stephen Munday, has resigned for health reasons.
July 6, 2017
Health Services Union and Euroa Health Inc are in a s.739 (Application to deal with a dispute) tussle before Deputy President Hamilton in court 4 & conference room C – level 6 in Melbourne at 11.30am.
July 6, 2017
Bupa Aged Care has a s.372 (Application to deal with other contravention disputes) matter to be determined by Deputy President Hamilton in court 4 & conference room C – level B in Melbourne (Barker).
July 6, 2017
The Health Services Union & Australian Education Union and Another have a s.576(2)(aa) (Promoting cooperative and productive workplace relations and preventing disputes) application before Commissioner Roe in conference rooms E & H – level 6 in Melbourne at 10am.
