A former Tasmanian health boss has lost her wrongful dismissal case against the Tasmanian Government and may be forced to pay court costs. Jane Holden was suing the Government for $2.2 million for loss of income and damage to her reputation and had argued unproven allegations contained in the 2014 Investigation into allegations of nepotism and conflict of interest by senior health officials report by the Tasmanian Integrity Commission were the basis for her sacking. She was accused of nepotism and misconduct in the report, which was released just prior to her dismissal as acting head of the Southern Area Health Service in 2014. But the Government argued Ms Holden was sacked from her $416,000-a-year role because her substantive position had been made redundant and there was no other suitable role for her. Justice Shan Tennent said there was no formal appointment of Ms Holden to a new role and she was satisfied that a redundancy situation existed. She did not read out her full reasons for the judgement, but they have been published online. Ms Holden, who is now managing a hospital in remote Papua New Guinea, was not in the Supreme Court for the judgement, with Justice Tennent adding she had informed Ms Holden that her presence was not necessary. During her trial in November last year, Ms Holden took to the witness stand and said she was “shattered” over the sacking. She said she had struggled to find a new job and was now earning half of her previous salary. Outside the court, her lawyer Mark Rinaldi said it was a disappointing outcome and his client would be reviewing the decision. When asked if an appeal was likely, he said: “We’ll have to see”. Ms Holden has 21 days to lodge an appeal.
May 9, 2017
TERMINATION OF EMPLOYMENT – extension of time – representative error – ss.381, 394 Fair Work Act 2009 – application for relief from unfair dismissal filed seven days beyond statutory time limit – applicant’s position terminated on 22 September 2016 – application filed late due to error of applicant’s previous representative – principles of Nulty and Kornicki applied – Commission satisfied that applicant sent relevant documentation package to correct address but without the Company name – respondent submitted that they would suffer prejudice – Commission found no fault in applicant’s previous representative as the applicant did not follow their standard procedures of engagement or communication – found applicant’s late lodgement due to applicant’s own mistake in addressing the envelope – regarded not to be a fatal flaw – Commission satisfied applicant undertook sufficient activity to show intention of challenging termination – Commission satisfied applicant’s mistake was an exceptional circumstance – extension of time granted. Bell v Institute for Urban Indigenous Health Ltd
May 8, 2017
TSA (VIC) Property Trust as Trustee the Salvation Army (Vic) Social Work has a trio of s.394 (Application for unfair dismissal remedy) claimants lined up seeking retribution (Bokori-Mayman/Ewels/Talarico).
May 8, 2017
Anglican Community Services has to deal with a s.739 (Application to deal with a dispute in relation to flexible working arrangements) before Commissioner Johns in Conference Room A in Brisbane at 4.30pm today.
May 8, 2017
An application for approval of the Braemar Presbyterian Care Employees Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Lee in his Melbourne chambers at 2pm.
May 8, 2017
An application for approval of the Back In Motion Health Group – Back In Motion Seville Grove Enterprise Agreement 2017 (s.185 – Application for approval of a single-enterprise agreement) is the preserve of Commissioner Gregory at 3pm.
May 8, 2017
A heartless nurse has been banned for life after stealing money from two hospital patients, including a dying woman, forging registration certificates and injecting patients with drugs against direct orders. Danielle Jones committed eight separate incidents of professional misconduct over almost four years to 2015, in what the South Australian Health Practitioners Tribunal described as “a grave departure” from expected nursing standards. And in a damning judgment, the tribunal found that Jones had shown “no remorse or insight” into her flagrant dishonesty, forgery of documents and the flouting of conditions on her licence. “She clearly is not a fit and proper person to be registered,” tribunal president Michael Ardlie said. “By her lack of participation in these proceedings and in not providing any explanation for what should be regarded as extremely serious conduct, (Jones) was clearly someone who had shown absolutely no insight into her behaviour at all and exhibited no demonstration of remorse.” The tribunal has banned Jones from working in any capacity within the medical industry, after receiving information she had been trying to qualify as a paramedic. The most serious incidents involved the theft of cash from two female patients at the Queen Elizabeth Hospital on the same day in April 2013. Jones was caught red-handed stealing $700 from the wallet of a patient after she also stole $20 from the purse of a seriously ill woman, who died several weeks later. The Tribunal took action against Jones over repeated complaints of professional misconduct between 2011 and 2015. When working at Ashford Hospital as a student nurse in August 2011, Jones injected a patient with blood-thinning drug clexane against specific directions, then lied that a senior nurse had supervised her. After changing her version of events several times, Jones finally admitted she had injected the patient against specific warnings that student nurses could only do so under strict supervision. After a formal warning, Jones again committed the same offence at Royal Adelaide Hospital in May 2012, by giving a patient Ibuprofen, then forging the initials of a senior nurse on the patient’s medical chart. Again, Jones tried to lie her way out by claiming she had “accidentally” written the senior nurse’s initials before covering them with her own. Later in 2012, Jones forged a certificate falsely claiming she had completed a professional development course in an application to work with the Nursing Agency of SA. In November 2012, the Nursing and Midwifery Board imposed conditions on Jones’ registration, before learning she had been working at the QEH for the past six months, and had failed to notify the hospital of the restrictions on her licence. In April 2013, Jones was caught by a female patient in the QEH holding the woman’s wallet and an amount of cash, before stuffing the money inside her top and then into a pillow case.
May 8, 2017
An application for approval of the Braemar Presbyterian Care (ANMF) Registered Nurses Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Commissioner Lee in his Melbourne chambers at 5pm.
