The Returned and Services League of Australia (New South Wales Branch) has a s.372 (Application to deal with other contravention disputes) on foot in front of Deputy President Sams in his Brisbane chambers (Kolomeitz).
May 11, 2017
Quirindi Retirement Homes Limited now has to answer a s.394 (Application for unfair dismissal remedy) before Deputy President Sams in his Sydney chambers (Ryan).
May 11, 2017
A child was arrested and charged for squirting tomato sauce on furniture in a residential care home despite procedure dictating arrest should be used as a last resort, a royal commission has heard. Lawyer for the Northern Australia Aboriginal Justice Agency (NAAJA) Dr Peggy Dwyer told the commission a girl, who was represented by the agency, was charged with malicious damage for squirting the sauce on a piece of furniture while in a home. Dr Dwyer recounted the matter while questioning superintendent for custody and judicial services Ian Lea on how this could have been allowed to happen given the emphasis on arrest as a last resort for juveniles.
May 11, 2017
A 42-year-old woman who stole jewellery from an elderly woman’s unit at a retirement village has been jailed for three years. Christchurch District Court Judge David Saunders noted Hinemoa Keen belatedly offered to speak to police about getting the boxes of jewellery back, as she faced sentencing. He said the elderly woman was devastated by the loss of the jewellery, which had sentimental value. Keen committed the opportunist raid on the unit at an Addington retirement village. “It was a gross invasion of her privacy. She was entitled to feel secure in her retirement unit,” said the judge, as he sentenced Keen for two burglaries, four charges of dishonestly using documents – a cheque and bank cards – and two thefts. Keen wept as she stood in the dock. She handed up a letter she wrote, apologising to her victims. Judge Saunders said she had a “shocking” history of similar offending. “Increasing terms of imprisonment will be imposed if you continue to offend in this way,” he told her.
May 10, 2017
More than 120 laundry workers will no longer have their jobs as of June 30, after a Melbourne service run by a Catholic health company was sold to rival Spotless. The job cuts were announced by Cabrini Linen Service (CLS) at a staff meeting in Dandenong South. Cabrini Health, a Catholic not-for-profit group, said in a statement the sale made “commercial sense”.
May 10, 2017
A woman whose mother was found with maggots in her mouth at a nursing home near Newcastle is calling for mandatory reporting standards for such incidents. Shirley Carter died at the Opal Raymond Terrace Gardens nursing home in October 2016, and her daughter Jayne has since raised serious concerns about her care.
May 10, 2017
A s.394 (Application for unfair dismissal remedy) by Andrew Portelli against Baxter Healthcare Pty Ltd T/A Baxter Healthcare has gone seriously awry. People who incur legal costs in a matter before the Fair Work Commission generally pay their own costs. However, the Commission has the discretion to order one party to an unfair dismissal matter to pay the other party’s legal or representational costs, but only where the Commission is satisfied the matter was commenced or responded either vexatiously or without reasonable cause, or with no reasonable prospect of success. This decision is about whether Andrew Portelli should be held liable for the costs of Baxter Healthcare Pty Ltd which it incurred in defending an unfair dismissal application brought against it by Mr Portelli. Mr Portelli commenced his unfair dismissal application but discontinued it on 31 January 2017 (that being 6 days before the matter was listed to be heard on 6 February 2017). On 9 February 2017 Baxter made an Application for Costs. It filed an Amended Application for Costs on 7 April 2017. Baxter seeks costs in the amount of $10,332.00 on an indemnity basis. However the FWC gave him the benefit of the doubt and went for “the Commission has no jurisdiction pursuant to s.611 of the FW Act to order costs.”
May 10, 2017
Rumbalara Aboriginal Co-Operative Ltd is to face a s.372 (Application to deal with other contravention disputes) in front of Deputy President Hamilton in Court 3 & Conference Room B – Level 6 in Melbourne at 10.15am.
