TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent worked as prominent orthopaedic surgeon in Sunshine Coast Medical Community – applicant employed as a medical secretary/receptionist with role changing to include responsibilities of practice manager – applicant was close friends with respondent’s ex-wife – respondent in new relationship with new team member – contended that new staff member was agitating respondent and causing the disruption to the working relationship – conversation took place between applicant and respondent in which applicant submitted the length of conversation and number of issues raised were extensive – felt this conversation was a betrayal of trust, severe victimisation and was emotionally, mentally and physically shattered as a result of it – claimed to be referred to as a ‘compulsive liar’ – felt to have no other option but to resign – respondent denied bullying the applicant at any relevant time, or subjecting to any verbal abuse – claimed applicant never raised any allegation of verbal abuse or complained of behaviour until the commencement of these proceedings – claimed that applicant saw new team member as a threat to authority and overreacted emotionally to any suggestion of new team members involvement in the practice – the intention of involving new team member in the practice was to reduce the applicant’s workload and time pressures – applicant submitted not to be under any time constraints or workload pressures and had managed the practice on own for many years – Commission found that applicant had no real choice but to resign – despite applicant’s resignation bringing the contract to an end, events leading up to this were considered – considered recording of meeting – aggregate of comments amounted to dismissal – applicant left with no option, as respondent indicated not to provide further support in role – ordered compensation in the amount of three weeks, less taxation to be paid within fourteen days of the date of this Decision as compensation for the procedural issues related to the dismissal. Ham v Dr Allan Clarke t/a CJ Orthopaedics P/L
March 16, 2017
The Salvation Army has been accused of a breach (s.394 – Application for unfair dismissal remedy) of the Fair Work Act by Nakasone.
March 16, 2017
A s.185 (Enterprise agreement) application by Embracia Communities Pty Ltd for its Embracia Communities Queensland Enterprise Agreement 2016 has been approved by Fair Work Commissioner Gregory in Melbourne on 14 March 2017.
March 16, 2017
An application for approval of the Independent Living Centre of WA Inc and Health Services Union (HSUWA) Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Johns in his Sydney chambers at 11.15am.
March 16, 2017
A s.365 (General protections) application by Sameer Momin against Mediq Wallan Medical clinic has been rejected by Fair Work Deputy President Dean.
March 16, 2017
Health Services Union and Healthscope Ltd will have a s.739 (Application to deal with a dispute) dealt with by Commissioner Cirkovic at the same time.
March 16, 2017
An application by Healthscope Operations Limited (s.217 – Application to vary an agreement to remove an ambiguity or uncertainty) will be heard by Commissioner Cirkovic in Hearing room 8, First Floor in Hobart at 9.30am.
March 16, 2017
A s.185 (Enterprise agreement) application by Bowen Old People’s Home Society Inc. for its Bowen Old People’s Homes Society Enterprise Agreement 2016 has been approved.
