NEWS-HR

Legacy Medical Pty Ltd T/A Active Medical has a s.394 (Application for unfair dismissal remedy) to defend before Deputy President Masson (Video using Microsoft Teams) in Melbourne at 2pm (Kaur)

The Health Services Union and Latrobe Regional Hospital T/A Latrobe Regional Hospital will contest a s.739 (Application to deal with a dispute) before Fair Work Deputy President O’Neill in Court 1 – Level 6 in Melbourne at 10am.

Ex-employee loses appeal over unfair dismissal

An ex-employee of a disability service provider has failed in his appeal to have his dismissal overturned. Drake v Melba Support Services Australia Ltd TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – applicant employed as disability support worker at a supported independent living home – allegation of misconduct – alleged applicant placed his lips on a naked resident’s stomach and ‘blew a raspberry’ while assisting dressing – alleged breach of code of conduct – applicant denied allegation – applicant maintained he blew a raspberry on his own arm in attempt to distract resident who was banging on the walls – applicant sought reinstatement – respondent relied primarily on evidence of one witness – witness heard resident banging on the walls and went to investigate – witness opened door and observed applicant engaged in conduct alleged – witness did not intervene but immediately reported incident – applicant contended witness account was mistaken or formulated maliciously – third witness gave evidence that the door was never opened – on balance of probabilities Commission accepted respondent witness testimony [Brigginshaw] – held that witness had specific knowledge of applicant and resident that could only have been known if door had been opened – Commission held applicant’s evidence was not mistaken and there no evidence or motive to support contention that witness acted maliciously – Commission held applicant’s conduct amounted to serious misconduct – valid reason for dismissal – allegation of shortcomings in investigation and failure to comply with enterprise agreement not accepted – procedural fairness afforded to applicant – other matters taken into account – age, financial impact, ability to find another role, applicant’s denial of allegation – dismissal was fair – application dismissed. U2022/11835 [2023] FWC 677 Colman DP Melbourne 21 March 2023

The Health Services Union and Austin Health T/A Austin Health have a s.739 (Application to deal with a dispute) to resolve before Commissioner Johns (By Telephone AEST (VIC Time) in Melbourne at 10.30am

The Housing Trust is facing a s.394 (Application for unfair dismissal remedy) in front of Commissioner Riordan (By Telephone AEST (NSW Time) in Sydney (Schick)

An application by Australian Nursing and Midwifery Federation (s.437 – Application for a protected action ballot order) will be ruled upon by Deputy President Cross (video using Microsoft Teams) in Sydney at 1pm

Ambulance Victoria will debate a s.739 (Application to deal with a dispute) in front of Fair Work Commissioner Lee (Court 12 – level 6, conference room A – level 5) in Melbourne at 10am (Mitchell)

An application by Australian Nursing and Midwifery Federation (s.437 – Application for a protected action ballot order) will be determined by Deputy President Cross (Video using Microsoft Teams) in Sydney today