Sao Duarte has lost her unfair dismissal claim against The Paraplegic & Quadriplegic Association of NSW because Deputy President Booth ruled that “she was unable to undertake the inherent requirements of her job as a result of incapacity.”
January 23, 2017
A former disability support worker sprayed petrol over a shop attendant and threatened to set him alight during an armed robbery, a court has heard. Police allege Kepa Kemp, 40, separately threatened five people with weapons and robbed them in Melbourne’s west between December 10 and December 27 last year. The alleged armed robberies include threats made against attendants in a tobacco shop, convenience store and pharmacy and a taxi driver. Mr Kemp later told police he was drinking between four and six litres of cask wine each day at the time and also using the drugs cannabis and ice, Melbourne Magistrates Court heard.
January 20, 2017
Proposed industrial action by nurses at two of Adelaide’s major public hospitals could lead to patients waiting in ambulances outside emergency departments, the Australasian College for Emergency Medicine (ACEM) has warned. Nurses at the Royal Adelaide and Queen Elizabeth hospitals are planning to limit emergency department admissions in protest against cuts to patient beds, including the closure of Ward S7 at the Royal Adelaide Hospital (RAH). The SA Government will today seek an urgent injunction from the state’s Industrial Relations Commission to stop staff taking the action, which Health Minister Jack Snelling said could “hurt patients”.
January 20, 2017
Five Victorian paramedics have resigned and another five disciplined for professional misconduct, believed to be linked to the painkiller Fentanyl. Ambulance Victoria is being investigated by the Independent Broad-based Anti-corruption Commission over the issue, but confirmed in a statement patient care had not been compromised “by the behaviour of this small group”. At least two more paramedics are believed to have died in the past three years from Fentanyl overdoses.
January 20, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant was employed as a dental nurse and receptionist – respondent advised applicant she was not happy that instrument tracking had not occurred for a patient on 19 April 2016 and they would discuss this further in a meeting – on 21 April 2016 the applicant witnessed the respondent falsifying the patient’s record – the respondent submitted later on 21 April 2016 she removed the falsified tracking records and has since reported the transgression to the relevant association – respondent denied instructing the applicant to falsify dental tracking records, and submitted the applicant was in the room however the respondent acted alone – respondent met with applicant on 5 May 2016 to give the applicant a warning regarding not tracking instruments – respondent also met with applicant on 11 May 2016 to further discuss applicant not tracking instruments for patients – applicant submitted respondent gave her a choice of leaving or working under her rule – respondent denied this – applicant submitted she was forced to resign due to the conduct of the respondent in relation to the falsification of patient records and the meetings of 5 May 2016 and 11 May 2016 – respondent submitted the conduct lacked compulsion and did not meet the required level to establish the applicant was ‘forced’ to resign – submitted that the applicant had other reasonable alternatives to resignation – on the evidence, at the meeting of 5 May 2016 the respondent sought to amend the respondent’s practices regarding the tracking of instruments – this evidence indicates that there was no ongoing issue of the applicant being required to falsify records – applicant’s resignation letter of 11 May 2016 does not allude to any threat made by the respondent to leave or work under her rule – Commission unable to find the applicant was terminated at the initiative of the respondent, or the applicant was forced to resign because of conduct, or a course of conduct, engaged in by the respondent – application dismissed. Jackson v Elbarki Nominees P/L t/a Heba Elbarki Dentist
January 20, 2017
Mrs Glenyce Ham has won the right to be legally represented in her unfair dismissal claim against Dr Allan Charles Clarke T/A CJ Orthopaedics Pty Ltd.
January 20, 2017
Sigma Company Limited T/A Sigma Pharmaceuticals Limited has got its Sigma (Queensland) Enterprise Agreement 2016 application past Commissioner Gregory.
January 20, 2017
A s.185 (Enterprise agreement) by N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital for its Toowong Private Hospital – Administration Employees – Enterprise Agreement 2016-2018 has been approved by Commissioner Roe.
