NEWS-HR

Life Without Barriers is to challenge an unfair dismissal claim by an ex-employee (McClean).

An application by United Voice and the Health Services Union (s.160 – Application to vary a modern award to remove ambiguity or uncertainty or correct error) will be heard by Deputy President Booth in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 10am.

Della Lehmann has been refused consent by the Fair Work Commission to launch an appeal against Mary Mackillop Aged Care SA. Ms Lehmann was represented by Simon Blewett, Senior Legal Officer with United Voice. Ms Lehmann commenced her employment at MMAC as a Patient Care Attendant (PCA) in July 2014, on a casual basis. The employment was based at a regional residential care facility operated by MMAC. In April 2015, Ms Lehmann began working part-time in the same facility. In October 2015, Ms Lehmann received a first and final warning in relation to the alleged verbal abuse of a resident and failure to follow a reasonable instruction. That warning was disputed at the time and remains in conjecture. On 5 August 2016, Ms Lehmann was rostered to work in the “low care” unit. It is common ground that Ms Lehmann and a fellow PCA were attending to a resident who suffered from dementia and incontinence. It is also agreed that whilst Ms Lehmann was attending to the cleaning up of the resident, that resident became upset and denied that she needed cleaning. It is alleged by MMAC that Ms Lehmann’s actions and manner in cleaning up the resident were rough and inappropriate, that she failed to stop the activity in circumstances where that should have been done in order to de-escalate the situation. It is further alleged that Ms Lehmann “shoved” an open bag of faeces and toilet paper in the face of the resident. Ms Lehmann contends, in effect, that she attended to the resident, who was resisting being cleaned up due to her dementia, in an appropriate and usual manner and denies that a bag of faeces was placed anywhere near the resident’s face. Rather, Ms Lehmann contends that a sealed bag was shown to the resident to demonstrate that she had required cleaning up and that this was done by lifting the bag to about waste height and making reference to it. Ms Stacy Waterman, the PCA who also attended to the resident with Ms Lehmann reported the events of 5 August 2016 to the Nurse on duty. The matter was then escalated through to senior management and Human Resources. On 24 August 2016, after an investigation, MMAC advised Ms Lehmann that her employment was terminated on the basis that she had engaged in serious and wilful misconduct.”

Bidgerdii Community Health Services is to defend a s.394 (Application for unfair dismissal remedy) before Commissioner Saunders at Level 3, 237 Wharf Road, Newcastle at 9.30am (Van Den Brink).

Two months after being appointed the interim chief executive overlooking the New Royal Adelaide Hospital (NRAH), Len Richards has quit, despite the hospital’s opening being just weeks away. Len Richards became Central Adelaide Local Health Network chief executive officer in February after previous CEO Julia Squire was sacked.

The South Australian government is to close a state-run nursing home in Adelaide after an independent investigation revealed the poor treatment of residents. Eight staff at the Makk and McLeay nursing home at Oakden, a facility for dementia patients, have been stood down with 21 reported to the Australian Health Practitioner Regulation Agency. Three incidents at the home have also been reported to police. Mental Health Minister Leesa Vlahos says residents at the facility will be transferred to alternative mental health or aged-care facilities over the coming months.

Gold Coast University Hospital has had to place plastic covers over its surgical threatre lights after metal shards fell on a patient on an operating table. Staff say several safety complaints were made after it was discovered steel fell on a patient and a surgeon, and they believe some of the 16 theatres should be closed down.

Patients are being put at risk by a failing radio network used by ambulance crews across New South Wales, the Australian Paramedics Association (APA) has warned. The APA said the system was being undermined by signal blackspots which it said were rife across the state, and equipment was not being maintained.