TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked as Disability Support Worker – was accused of assaulting a colleague in an incident that occurred at a residential unit in Reservoir – after an investigation the applicant summarily dismissed on the grounds of serious misconduct – Commission held that on the balance of probabilities the applicant did strike his colleague – found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Sekirski v Scope (Vic) Ltd
March 10, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – Applicant dismissed for assault upon colleague – applicant suspended without pay following complaint – investigator appointed to investigate incident concluded that applicant had grabbed complainant, leaving bruising to her arm, constituting sexual harassment – investigator concluded applicant breached Public Sector Management Act 1994 and the respondent’s code of conduct – applicant invited to ‘show cause’ as to why his employment should not be terminated – applicant’s representative submitted to Respondent’s that investigator’s report should not be relied upon as applicant had been denied natural justice and fair investigation – applicant’s representative applied to Commission to deal with dispute – Commission conference did not resolve the dispute – respondent subsequently dismissed applicant – applicant submitted no valid reason for dismissal, denial of procedural fairness and natural justice – submitted respondent had failed to carry out proper investigation – respondent submitted evidence supported conclusion that conduct attributed to Applicant had occurred and that Applicant had been afforded procedural fairness – submitted that conduct represented a fundamental breach of trust between parties – Commission satisfied alleged conduct occurred – Commission unable to find that Applicant was denied procedural fairness or that ensuing report was flawed – valid reason for termination existed – Applicant notified of that reason and given opportunity to respond – dismissal not harsh, unjust or unreasonable – application dismissed. Powell v Calvary Health Care ACT Ltd t/a Calvary Public Hospital Bruce
March 10, 2017
REGISTERED ORGANISATIONS – alteration of eligibility rules – s.158(1) Fair Work (Registered Organisations) Act 2009 – Australian Nursing and Midwifery Federation (ANMF) applied to alter eligibility rules – eligibility for membership of ANMF to exclude employees that provide nursing care or services provided those employees primarily engaged as cooks, cleaners, kitchen or laundry assistants, gardeners or maintenance – proposed changes endorsed by ANMF Federal Council – objections received by Australian Services Union, Community and Public Sector Union, Health Services Union and Australian Salaried Medical Officers Federation – partial agreement reached on provisions of membership prior to substantive hearing – ANMF submitted amended application on 10 January 2017 – amendments to restrict membership of employees engaged as non-direct care staff, technicians, orderlies, allied health professional assistants, therapists or therapy assistants and ambulance services – amended application restricts extension to residential aged care facility employees, classifications in Tasmanian public sector and classifications named in proviso – Commission satisfied alteration made pursuant to rules of organisation – no other organisation effectively represents members eligible because of alteration to rules – changes granted. Australian Nursing and Midwifery Federation
March 10, 2017
ENTERPRISE AGREEMENTS – ambiguity or uncertainty – s.217 Fair Work Act 2009 – Aged Care Services Australia Group P/L (ACSAG) made application to remove ambiguity or uncertainty in Aged Care Services Australia Group P/L – Nurses and Aged Care Employees Enterprise Agreement 2014 (Agreement) in relation to coverage – ACSAG contend that current wording of Clause 5 is ambiguous and clause should be varied to define employees covered as being employees of ACSAG ’employed in Tasmania’ – the Australian Nursing and Midwifery Federation of Australia and the Health Services Union of Australia opposed the application – ACSAG submit that clause must be considered in light of surrounding circumstances such as other clause and pre-approval process – a combination of clauses may give rise to an ambiguity or uncertainty [Tenix] – clauses 27 and 38 of the Agreement clearly indicate application of Tasmanian statute – satisfied that employees to be covered by agreement was susceptible to more than one meaning and was therefore ambiguous – Agreement to be varied by inserting words ’employed in Tasmania’ at the end of subclause (b) of clause 5 – application granted and variation will operate from 2 March 2017. Aged Care Services Australia Group P/L – Nurses and Aged Care Employees Enterprise Agreement 2014
March 9, 2017
Senior staff at Bendigo Health have been found to have taken advantage of “corruption vulnerabilities” to, among other things, pocket the money from the sale of scrap metal from an old hospital and use employees to carry out repair work and gardening at their private homes. A report stemming from an investigation into Bendigo Health by the state’s Independent Broad-based Anti-corruption Commission was tabled in state parliament today.
March 9, 2017
The ACT Government as represented by the Health Directorate is facing a s.739 (Application to deal with a dispute) before Commissioner Harper-Greenwell in his Melbourne chambers (Flegg).
March 9, 2017
St Vincent’s Hospital (Melbourne) is facing a s.739 (Application to deal with a dispute) lodged by Chislett.
March 9, 2017
NIB Health Funds Pty Ltd is to defend a s.394 (Application for unfair dismissal remedy) before Commissioner Saunders at Level 3, 237 Wharf Road in Newcastle (Sherwood).
