A s.185 (Enterprise agreement) application by Yooralla for its Yooralla Allied Services Agreement 2016 has been approved by Commissioner Roe in Melbourne on 5 April 2017.
April 7, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed with respondent since 11 September 2007 – respondent claimed applicant engaged in serious breaches of Code of Conduct and Charter of Rights and Responsibilities – alleged she had spoken to resident in a rude and derogative tone – allegation recorded and tape recording provided to respondent by resident – applicant stood down from duty with pay whilst allegation was investigated – applicant drafted letter to respondent in response to allegations – Commission found discrepancies between applicant’s letter and true nature of exchange on tape recording were substantial – applicant bound by respondent’s Code of Conduct – Commission agreed with respondent that applicant was not honest in course of investigation and that evidence suggested direct lies, not confusion or lack of recollection – tape recording was clear evidence that applicant behaved in an unprofessional manner – conduct in clear breach of the Code – applicant did not provide reasonable explanation for her behaviour – Commission held that misconduct amounted to valid reason for dismissal – held dismissal not harsh, unjust or unreasonable – application dismissed. Moody v TriCare Ltd t/a TriCare
April 7, 2017
TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – settlement reached at conciliation – Commission advised applicant of three day cooling off period for settlement – terms of settlement document provided to parties by respondent representative – applicant phoned Commission two days later and advised she needed more time to review draft terms – Commission advised parties matter could only be held for two more days before it would be referred to arbitration – two days later applicant advised Commission she would not sign terms of settlement – arbitration set down by Commission – respondent representative contacted applicant advising settlement was not recanted within three day cooling off period and thus was binding – advised if applicant did not advise she would honour agreement by 12 December 2016 respondent would file objection to application – applicant appointed representative who advised cooling off period extended by Commission and settlement therefore not binding – respondent challenged arbitration on grounds that settlement reached – Commission not satisfied cooling off period extended – Commission not persuaded that agreement reached was only an in-principle agreement and subject to parties reaching agreement on terms of a deed of release – satisfied parties reached agreement by way of binding settlement at conciliation on 25 November 2016 – application dismissed on basis that it had no reasonable prospects of success. Naicker v Genevieve Toop t/a Epworth Freemason
April 7, 2017
St John of God Subiaco and Murdoch hospitals have appointed chief executives. Professor Shirley Bowen will begin at SJOG Subiaco in June. Professor Bowen is currently dean of the school of medicine, Fremantle at the University of Notre Dame Australia, and was director of medical services at SJOG Murdoch Hospital from 2012 to 2014. Ben Edwards will begin at SJOG Murdoch Hospital in April, after a stint as acting chief executive of SJOG Mt Lawley hospital since November. Prior to that role, Mr Edwards led SJGHC’s Transformation Team.
April 7, 2017
Disability services provider Rocky Bay has appointed Martin Wandmaker and Richard Diermajer to its board.
April 7, 2017
UnitingCare West has appointed Amanda Hunt as chief executive.
April 7, 2017
The Royal Flying Doctor Service has appointed a new marketing and communications team to be headed by Kerry Milne.
April 7, 2017
Australia’s Digital Transformation Agency has a new project chancellor-in-chief. Ex-banker Gavin Slater will succeed interim CEO Nerida O’Loughlin as of May 1.
