The Health Services Union and Eastern Health are in a s.739 (Application to deal with a dispute) duel before Commissioner Cribb at the On-site Turning Point 54-62 Gertrude St, Fitzroy VIC 3065 at 10am.
February 15, 2017
Civic Disability Services Ltd is being challenged by a s.394 (Application for unfair dismissal remedy) before Commissioner Riordan in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 8am (Mallet).
February 15, 2017
The Brain Injury Association of Queensland is facing a s.394 (Application for unfair dismissal remedy) instigated by Leatham.
February 14, 2017
Southern Cross Care might be ‘off the hook’ over a workers compensation claim by Michael Anne Smith. The NSW Workers Compensation Commission has determined that Ms. Smith “failed to discharge the evidentiary onus that she suffered injury to her neck.” The matter will now be remitted to the Registrar for referral to an Approved Medical Specialist. Ms Smith claimed that whilst performing her cleaning duties, she was in the process of moving a bed which moved suddenly, causing her to fall forward and injure her right shoulder.
February 14, 2017
SA Health has quietly rejected one of the key findings of a comprehensive review into the suspension of doctors – a report ordered by Health Minister Jack Snelling after a disastrous case which led to a multi-million-dollar payout to a wrongly accused surgeon. The revelation comes as one of the state’s most experienced lawyers working in medical litigation described SA Health as a chaotic, toxic, incompetent and “anti-doctor” department which uses the suspension of practitioners as a “weapon”.
February 14, 2017
A 21-year-old male nursing student repeatedly raped, assaulted and threatened a woman in his care between July and November last year, a Brisbane court has heard. The Kenyan national, who cannot be named, has been in Australia on a student visa for the past year. He was taken into custody yesterday. He was charged with more than 20 counts of rape while working as a carer at a residence in Albany Creek, north of Brisbane, last year. Queensland police prosecutor Sergeant Aydina Pugh told the Brisbane Magistrates Court the alleged offences were “significant”.
February 14, 2017
CASE PROCEDURES – appeals – deed of settlement – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – applicant accepted settlement negotiated with assistance from Commission during substantive hearing – parties agreed on full and final payment from respondent and respondent would continue to tender evidence – also agreed Commission would make findings based on that evidence – Commission’s findings were that the applicant’s alleged misconduct was not sexual misconduct and that dismissal was not harsh, unjust or unreasonable – applicant repudiated settlement on basis he accepted it under extreme pressure and findings were inconsistent with facts – Full Bench satisfied parties ended dispute contractually – findings were in the way of a private arbitration – no contemplation findings would change any aspect of agreement between parties – basis of appeal did not attract public interest – no arguable case of appealable error presented – permission to appeal refused. Appeal by Felkin against finding of Drake SDP of 31 October 2016 Re: Pathfinders Ltd
February 14, 2017
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
