TERMINATION OF EMPLOYMENT – performance – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance to dismiss appellant’s application for relief from unfair dismissal – appellant sought to adduce new evidence, being a covert recording of the dismissal meeting – Full Bench declined to admit recording as appellant had possession of recording at all times since it was made and no reason was demonstrated at to why it was not adduced in first instance proceedings – appellant had been dismissed for poor performance – decision at first instance was that, despite procedural deficiencies, such deficiencies were insufficient to render the dismissal harsh, unjust or unreasonable – appellant submitted permission to appeal should be granted as: the decision raised issues of importance and general application; the decision manifests an injustice or the result is counterintuitive; and the decision-maker at first instance made significant errors of fact – Full Bench not satisfied grounds advanced by applicant raised issues or importance or general application, or an arguable case of error – public interest not enlivened – permission to appeal refused. Appeal by Allan against decision of McKenna C of 21 October 2016 [[2016] FWC 7504] Re: Lane Cove Retirement Units Association Ltd t/a Pottery Gardens Retirement Village
February 14, 2017
The Health Services Union and Northern Health are debating a s.739 (Application to deal with a dispute in relation to flexible working arrangements) before Commissioner Cribb in the Fair Work Commission 11 Exhibition Street Melbourne today.
February 14, 2017
WA’s nursing union is demanding new laws to limit how many patients each public hospital nurse has to manage. The Australian Nursing Federation is calling for strict nurse-to-patient ratios as part of a campaign costing at least $1 million in the lead-up to the State election. It wants one nurse for every four patients on a general ward, not the six to eight patients it claims nurses are routinely being forced to manage, including those “off the books” in corridors.
February 14, 2017
As many as 25 construction workers have been potentially exposed to asbestos at the Royal Hobart Hospital redevelopment site in the CBD. Project director Ben Moloney said the workers were carrying out re-wiring and other electrical work in E Block on the Campbell Street side. It appeared the exposure may have been caused by an administrative error.
February 14, 2017
A nurse has been acquitted of professional misconduct after an elderly man with Alzheimer’s walked out of a nursing home while in her care.
February 14, 2017
A Brisbane man accused of posing as a qualified paramedic is facing jail after he allegedly gave almost 140 people flu injections at a central Queensland coal port.
February 14, 2017
Quad Services Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) before Commissioner McKenna in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 2pm (Cohen).
February 13, 2017
A s.185 (Enterprise agreement) application by Grow for its Grow Enterprise Agreement 2016 has been approved by Commissioner Saunders in Sydney today.