NEWS-HR

The Bennett Aged Care Group is facing a s.394 (Application for unfair dismissal remedy) with Commissioner Hampton in Conference Room 6a – Level 6 in Adelaide at 9.30am (Westerholm).

St John of God Health Care Inc. T/A St John of God Health Care has had its application for the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2016 ratified by Commissioner Roe in Melbourne on 16 December 2016.

A former nurse who murdered two elderly patients by injecting them with insulin has been sentenced to at least 27 years in jail. Megan Haines killed 82-year old Marie Darragh and 77-year-old Isabella Spencer at St Andrews Village nursing home at Ballina in May 2014. In the days before Mrs Darragh and Mrs Spencer died, they had made complaints about the standard of care they received from Haines. The 49-year-old was given a maximum sentence of 36 years and will first be eligible for parole in 2041. Justice Peter Garling said Haines abused her position of trust. “Her conduct was deliberate and calculating. It was a gross breach of trust and a flagrant abuse of her power,” he said. “She clearly abused that position of trust. I consider this to be a significant aggravating factor. The court heard that Haines, while watching a crime show with her former partner, had boasted about using insulin to kill a person without being detected.

An application for approval of the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2016-2020 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Commissioner Lee in his Sydney Chambers.

Healthe Care Burnie Pty Ltd T/A North West Private Hospital has had its application for the Healthe Care Burnie Pty Ltd Nurses’ Enterprise Agreement 2016 approved by Commissioner Roe in Melbourne on 15 December 2016.

An application for approval of the Hardi Aged Care Nursing Staff Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is being considered by Commissioner Roe in his Melbourne Chambers today.

Bendigo Health Care Group has lost its appeal against a Fair Work Commission decision governing an aged care nurse (Francis Logan). Bendigo Health Care Group had lodged a notice of appeal in which it applied for permission to appeal and against a decision of Commissioner Ryan. The Commissioner found that the dismissal of Francis Logan by Bendigo Health was unfair and reinstated Mr Logan to the position of aged care nurse he occupied immediately prior to his dismissal by Bendigo Health. The Commissioner also ordered Bendigo Health to treat the period of employment of Mr Logan not to have been broken by the dismissal. MR Logan worked for Bengido Health as an enrolled nurse in aged care from 2004 until his dismissal on 26 May 2016 for serious misconduct. His employment was on a casual basis but was continuous except for one very short break in employment. As an enrolled nurse, Mr Logan is subject to professional regulation by the Australian Health Practitioner Regulation Agency (AHPRA). His dismissal arose from his admission that he had engaged in misconduct on 16 May 2016. The evidence which Mr Logan gave before the Commissioner was that a patient had confided in him about certain distressing details of her life history. Mr Logan then, on his own admission, responded by touching the patients hand, kisser her on the forehead and saying “Goodnight and God bless”. The incident was reported to AHPRA, and it was considered by the Nursing and Midwifery Board of Australia. Subsequent to Mr Logan’s dismissal, the Board issued a report on 9 September 2016 concerning the incident. The Board found that Mr Logan’s conduct “is or may be unsatisfactory” and cautioned him to “abide by the code of professional conduct for nurse by maintaining professional boundaries between himself and the person for which he is caring.

The Fair Work Commission has granted the s.437 (Application for a protected action ballot order) lodged by the Community and Public Sector Union. On Thursday, 1 December 2016, the Community and Public Sector Union made an application for a protected action ballot order in relation to a group of employees of the Australia Health Practitioner Regulation Agency.