The s.185 (Enterprise agreement) application by Mission Australia for its Mission Australia Service Delivery Enterprise Agreement 2016-2019 has been approved by Commissioner Saunders in Sydney on the 6 February 2017.
February 7, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as IT Project Manager in CatholicCare Social Services – summarily dismissed after allegations of violence in the workplace on 9 May 2016 where police were called – applicant allegedly shoved Ms Rashada, the Manager of People & Culture – prior to the incident on 9 May there were issues regarding connection to the NBN and provision of anti-virus software which included the applicant, as well as issues with the applicant’s ongoing neck injury – applicant was required to attend a job performance review – applicant arrived at arranged time and was directed to wait by Ms Rashada – after over four hours of waiting the review was rescheduled – at rescheduled review meeting applicant also made to wait for four hours before meeting being rescheduled again – the outcome of the twice rescheduled meeting was that the applicant was to receive his first warning letter, was relocated from the Blacktown office to the Parramatta office and was put on a performance improvement plan (PIP) – applicant received second warning letter after his delay in attending the Parramatta office, after assisting another employee when he attended at the Blacktown office to collect his belongings – letter claimed applicant’s performance of work at Blacktown was in breach of an instruction given to him – Commission found the warning letters and PIP to have been issued without any proper justification – found the second warning letter to have been a completely excessive response to a delay – on 9 May 2016 there was a conversation between the applicant, Ms Rashada and the IT Manager concerning the PIP – the applicant was seated at the work station he had been assigned, a desk in an open corridor, the two managers were standing – at one point the IT Manager left the conversation to return to his office for a brief period – the applicant and Ms Rashada were left alone for a short period of time – applicant submitted that Ms Rashada made threatening comments to him and then, after looking around to see if anyone else was visible, screamed without reason and twice said ‘Don’t touch me’ – further submitted Ms Rashada told him he was sacked then went into IT Manager’s office – applicant called police in order to try and establish his innocence – shortly after phone call he was escorted from the building by a security guard – Ms Rashada submitted that once the IT Manager left the conversation the applicant became louder and quite mad and frustrated – further submitted the applicant then stood up in front of her and then used his right arm and hand to shove her on her right shoulder – described it as ‘a decent shove’ – Ms Rashada then said she and the IT Manager spoke to the Director of Administrative Services in his office on the other side of the building, where the decision was made to dismiss the applicant – the Director of Administrative Services gave evidence that he was not in the building at the time, but had noticed a number of missed calls on his phone, including from Ms Rashada – when he walked back to the office he saw the applicant and the police talking out the front – at hearing the Director denied any involvement in the decision to dismiss the applicant – Commission held that the case depended entirely on the acceptance of Ms Rashada’s evidence about the incident – could not accept Ms Rashada as a witness of credit – found much of what she said was directly contradicted – did not consider her to have been a credible witness and had no confidence she has given a truthful and accurate account of the incident between herself and the applicant – Commission not satisfied, on the balance of probabilities, that the applicant pushed Ms Rashada as she alleged – not satisfied there was any valid reason for applicant’s dismissal – found the dismissal was harsh, unjust and unreasonable – applicant was denied procedural fairness and was dismissed by a person lacking both impartiality and authority – reinstatement not appropriate – compensation appropriate – compensation assessed in line with Bowden v Ottrey Homes – calculated compensation as $81,563.00 – amount of compensation calculated was above the compensation cap, which in this case was $40,977.30 – compensation amount therefore reduced to $40,977.30, less applicable taxation. Ramsey v The Trustee for the Roman Catholic Church for the Diocese of Parramatta
February 7, 2017
One of nearly 500 text messages a nurse sent to his patient said: “Slept in your bed yesterday. Still had ur scent in the room.” Enrolled nurse Anthony Elliott was working at the South Coast Private Hospital, in Wollongong in 2014, when he initiated a relationship with a woman being treated for severe mental health issues. At first he talked to her about his family and personal life, but then began sitting on her bed so their bodies were touching. Then he watched her as she slept, kissed her, exchanged sexually explicit text messages, and took her for a drive around a lake to profess his love. All the while, he was telling the woman he had some reluctance about their relationship because it was forbidden. “I am scared someone [will] find out and I’m out [of] a job and registration,” Mr Elliott wrote in a text message. On Friday, the NSW Civil and Administrative Tribunal cancelled Mr Elliott’s nursing registration after the Health Care Complaints Commission applied for disciplinary action. The tribunal noted the woman, who can be identified only as Patient A, was in hospital several times after having a mental breakdown, and had suicidal thoughts, mania and major depression. At one point she was experiencing insomnia and lowered inhibitions. A peer review report before the tribunal said Mr Elliott was aware of the woman’s condition, and his conflicting messages about his feelings were “disturbing”, most likely adding to her confusion, distrust and distress. The tribunal heard that when Patient A made a complaint to the hospital, and was admitted for further treatment, Mr Elliott’s text messages to the woman turned sour. Mr Elliott cannot reapply for a review of the cancellation for three years.
February 7, 2017
The Federal Circuit Court of Australia has ruled that the adverse action claim brought by Sarah Jane Watson against Uniting Care NSW.ACT was misconceived.
February 7, 2017
High-profile Gold Coast cosmetic surgeon Cesido Colagrande has been handed a nine month suspended jail term after being found guilty of the sexual assault of a female patient in May 2015. The Southport District Court jury of six men and six women reached their verdict after deliberating for less than three hours today. Dr Ces — as he is known to his patients — was charged with the sexual assault of a female patient in 2015. The court heard last week Colagrande, 48, is alleged to have pulled the 24-year-old adult entertainer toward him and asked her to have sex with him during a follow-up consultation after a breast augmentation, in May two years ago. He is also alleged to have slapped her on the bottom and told her she had “blow job lips”. Colagrande pleaded not guilty to the charge of sexual assault at the start of the trial last Monday. When he took the stand to give evidence last week, Colagrande denied the assault occurred. The court heard the office walls were thin and there were several patients in the waiting room at the time the doctor allegedly propositioned the woman to have sex in his office.
February 7, 2017
The Health Services Union and Scope will contest a s.739 (Application to deal with a dispute) before Commissioner Cribb in the Fair Work Commission 11 Exhibition Street Melbourne at 10am.
February 7, 2017
The Australian Nursing and Midwifery Federation and Australian Capital Territory as represented by the Health Directorate will argue a s.739 (Application to deal with a dispute) before Deputy President Kovacic in the Fair Work Commission CML Building 17-21 University Avenue Canberra at 9.30am.
February 6, 2017
A former nursing home boss who paid herself $20,000 from the bank account of a disabled patient is back working in aged care after a six-month suspension. VCAT documents reveal Ruth Fields, formerly known as Ruth Welling, manipulated an intellectually disabled wheelchair-bound woman to make herself the patient’s legal financial guardian. Mrs Fields, who was chief executive of AdventCare at the time of the incident, has returned to work at a Cheltenham nursing home in an office role.
