NEWS-HR

A s.210 (Application for approval of a variation of an enterprise agreement) by Lendlease Services Pty Limited T/A Lendlease Services for its Lendlease – Utilities & Infrastructure – Queensland – Enterprise Agreement 2016 has been agreed by Commissioner Hunt in Brisbane on 8 August 2017.

Pharmacy World Pty Ltd is fighting a s.372 (Application to deal with other contravention disputes) lodged by Cook.

A number of Melbourne aged care homes have been closed as they battle gastro outbreaks, with one off-limits to family and friends for almost a week. Residents at the Bupa aged care facility in Caulfield South have been quarantined since last Friday due to an outbreak.

A s.185 (Enterprise agreement) lodged by Gilbert Valley Senior Citizens Home (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes for its Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF – SA (Aged Care) Enterprise Agreement 2016 has been amended. The original nominal expiry date of 29 June 2019 was incorrect and is amended to 30 June 2019.

Global Health Ltd (ASX:GLH) has appointed Islah Ishak as regional general manager for the Asean market, which has a population of over 625 mln people.

Barcoo Retirement Village Incorporated is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Simpson in his Brisbane chambers (Hinds).

He has always professed his innocence and showed no emotion when he was found guilty and then sentenced to a maximum of 40 years in jail. And now aged care double murderer Garry Steven Davis has launched an appeal against his convictions, labeling the guilty verdicts “unreasonable and not supported by the evidence” and claiming Supreme Court Justice Robert Allan Hulme erred when accepting that a single perpetrator injected three elderly, non-diabetic SummitCare Wallsend residents with insulin over two days in October, 2013. Davis, 30, was jailed for a maximum of 40 years with a non-parole of 30 years in December last year after he was found guilty of the murder of Gwen Fowler, 83, and Ryan Kelly, 80, and the attempted murder of Audrey Manuel, 91, after a four-week judge-alone trial in the Newcastle Supreme Court. His legal team, led by solicitor Mark Ramsland, have lodged a notice of intention to appeal the conviction to the Court of Criminal Appeal, obtained Legal Aid NSW funding and enlisted the service of barrister Graham Turnbull, SC.

TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was constructively dismissed due to removal of allocated shifts at meeting with employer – respondent raised jurisdictional objection on basis applicant not dismissed but resigned voluntarily at meeting – applicant warned once previously for cash handling discrepancy – applicant pregnant and planned to resign in July – applicant reported second cash discrepancy of 100 dollars – investigated by HR advisor – applicant called to April meeting with advisor – applicant told all her “change-box” shifts removed leaving only one shift allocated until cash handling retraining completed – considerable divergence of recollections of meeting details – applicant asked to return her uniform at end of meeting – applicant submitted at no stage did she resign and had no intention of finishing her employment until end of July – not asked if she wanted a witness present at the meeting – respondent strongly denied constructive dismissal and claimed applicant clearly resigned in meeting – question to establish involved mixed findings of fact [Mohazab, Allison] and law [Macken’s Law of Employment] – employer relied on alleged verbal resignation – employment ended with the return of uniform – action of employer in reducing shifts changed employment circumstances – applicants’ income reduced by 75 per cent – Commission found no valid reason for termination – applicant entitled to treat reduction as repudiation of contract – Commission found dismissal harsh, unjust or unreasonable – applicant sought three months lost remuneration up to planned resignation end July – no element of past misconduct – $13,566 (16 weeks) compensation ordered. Balgowan v City of Sydney RSL & Community Club Ltd