TERMINATION OF EMPLOYMENT – genuine redundancy – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked as Sales and Business Development Manager – respondent operated a healthcare recruitment and personnel placement business in Australia – respondent raised jurisdictional objection of genuine redundancy – asserted role previously performed by applicant was no longer required due to changes in the operational requirements of business – asserted there was no award or enterprise agreement applicable and despite reasonable attempts was unable to redeploy applicant to another role – applicant contended dismissal was not a case of genuine redundancy on basis of number of other positions available – claimed to be covered by the Clerks Private Sector Award 2010 (the Award) and the real reason of dismissal was that the CEO disliked her – applicant appointed to role of Client, Sales and Business Development Manager and held that position up until dismissal – business was restructured – all staff were sent email from HR department asking to express interest in Defence roles – approximately 23 positions available – meeting held between parties in which respondent asked applicant whether could add value anywhere else in business and termination was only outcome sought by CEO otherwise – told to think about discussion overnight and respond following day – attended meeting next day in which applicant given a termination letter effective that day – applicant contended that redundancy was not genuine on basis that none of the available positions listed in termination letter had ever been discussed – at no time was applicant advised of interest of expression regarding defence positions, consulted of position becoming redundant or given opportunity to explain why should be retained – Commission satisfied that applicant’s job made redundant as no longer required due to operational changes in business – no new employees employed to replace applicant – satisfied that at the time applicant dismissed there were jobs, roles, positions of work which could have been undertaken by applicant – Manager of Defence division at that relevant time gave evidence that applicant could have assisted in setting up Defence division – found not to be a case of genuine redundancy – applicant informed of dismissal one day before – dismissal was harsh given applicant’s personal circumstances and failure to consider redeployment – dismissal unfair – employment relationship irretrievable – ordered respondent to pay applicant compensation in amount of $13,842 in wages and $1,315.38 in superannuation contributions less applicable tax – payment to be made within 21 days of date of decision. Sommer v Healthcare Australia t/a Healthcare Australia
March 27, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Clinical Midwife Specialist and Clinical Support Midwife – over 30 years’ service – summarily dismissed 6 May 2016 for alleged serious misconduct – alleged to have breached hospital procedure, acted outside scope of professional practice and caused serious risk to health or safety of a patient by administering a drug outside scope of practice and without a medical order – applicant submitted it was uncontroversial that administering medication without medical order was outside scope of professional practice and breach of procedure – contended issue was whether administration of the drug caused serious risk of health and safety of patient and whether dismissal was justified and a proportionate response – claimed to not place patient at risk of serious harm and decision to terminate was disproportionate to the gravity of the misconduct – respondent submitted in all the circumstances the applicant engaged in serious misconduct that was wilful and deliberate – whether dismissal was harsh, unjust or unreasonable – applicant conceded actions were serious – accepted to be aware at the time of administering the drug, it required doctor’s order prior to administration – applicant’s claims to be ‘under pressure’ did not stand up to scrutiny – confirmed understanding a side effect of drug could lead to death or injury – Commission satisfied applicant engaged in serious misconduct – satisfied applicant’s actions caused serious risk to the health and safety of a person – found valid, sound and defensible reason for termination – lack of procedural unfairness – s.387 factors did not outweigh factors that constituted valid reason for dismissal – not satisfied termination was disproportionate – termination not harsh, unjust or unreasonable – application dismissed. Born v Mercy Hospitals Victoria Ltd
March 24, 2017
An elderly man charged with murdering his 75-year-old wife has advanced dementia and would not know where he was if he was brought before a court, a magistrate has been told. John Huggins, 87, is accused of fatally stabbing his wife at their Guerin Avenue home in Piara Waters on Monday. Mr Huggins was due to appear in Armadale Magistrate’s Court this morning but he was instead taken to hospital after Serco staff raised concerns about his health.
March 24, 2017
Doctors are at breaking point over failed negotiations with the State Government for higher wages and better working conditions, says the head of the Australian Medication Association Tasmania. Doctors at the Royal Hobart and Launceston General hospitals met last night to discuss what the AMA said was a “total lack of progress” in enterprise bargaining negotiations.
March 24, 2017
A Parramatta Park man accused of seriously assaulting a nurse has been remanded in custody. Aboriginal and Torres Strait Island Legal Service solicitor Alan Watkins said no bail application would be made for Joshua Colin Yeila. The 34-year-old was arrested and charged on Wednesday night after he allegedly threatened a nurse at Cairns hospital.
March 24, 2017
A coroner has found Ambulance Victoria paramedics acted according to standards when attending to a woman who later died at home after hours of vomiting. The family of Stacey Yean believed if their daughter had been taken to hospital on January 5, 2016, she “would still be alive”.
March 24, 2017
NSW Health has admitted a bogus doctor worked at an additional two hospitals during the decade he spent posing as Indian practitioner Dr Sarang Chitale.
March 24, 2017
There is no evidence a disability support agency abused a severely disabled man in Tasmania’s north-west, Premier Will Hodgman has said. But a disability advocate says the Government’s response to the case is not good enough. Details of abuse allegations relating to the care of Devonport man Theo Langmaid were aired on Wednesday night. Mr Langmaid has a brain injury after contracting meningitis as a four-month-old, and he requires around-the-clock care. His mother, Joyce Langmaid, claims her 26-year-old son was locked in a courtyard, thrown into a swimming pool, and restrained by having a couch placed on top of him while in the care of North-West Residential Services.
