TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – applicant submitted her employment was terminated by her resignation with four weeks’ notice on 17 August 2016 – submitted the termination took effect at the end of the four week notice period on 13 September 2016 – respondent submitted the effective date the applicant’s employment ceased was 18 August 2016 when the respondent advised applicant by text message that she would not be required to serve the four week notice period – applicant submitted the respondent previously stated on 17 August 2016 that the termination date was 13 September 2016 – applicant relied upon Colledge to support its submission that in the absence of agreement it was not possible for either party to unilaterally vary an agreement regarding the period of notice – Commission found that even if the intent of the respondent’s text message of 18 August 2016 was to indicate to the applicant she would be paid in lieu of notice, given earlier advice that the termination date would be 13 September 2016, this entailed a unilateral variation of the notice period – Commission supported a finding that the employment relationship ceased on 13 September 2016 with the expiry of the notice period – applicant’s unfair dismissal application was made within the 21 day statutory timeframe – respondent’s jurisdictional objection dismissed. Ilievska v Adirel Consolidated P/L t/a Surgiplas Medical
December 20, 2016
The Paraplegic & Quadriplegic Association of NSW dispatched with Duarte’s services and now a s.394 (Application for unfair dismissal remedy) is being readied before Deputy President Booth in Hearing Room 12 – 1 Level 12 in Sydney at 10am today.
December 20, 2016
The Australian Nursing and Midwifery Federation and Eastern Health are squabbling over a s.739 (Application to deal with a dispute) before Commissioner Cribb in the Fair Work Commission in 11 Exhibition Street Melbourne at 10am.
December 20, 2016
Dozens of patients and aged-care residents at a country hospital are relying on “totally unacceptable” old-fashioned bells for staff assistance and emergencies, angering the son of a woman who died from a terminal illness. The nurse call system and buttons beside each bed at the Bordertown Memorial Hospital have been out of action for nearly a month because of an electrical fault, which also affected the hospital’s notification of ambulance arrivals. Country Health SA says it hopes the parts required the fix the issue, costing $5000, would arrive this week.
December 20, 2016
Chemist Warehouse has to face a s.372 (Application to deal with other contravention disputes) before Commissioner Hampton in the Fair Work Commission Level 6 Riverside Centre North Terrace Adelaide at the behest of a staff member (Al-Khafaji).
December 20, 2016
The Norfolk Island Health and Residential Aged Care Service has to defend a s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Sams in his Sydney Chambers at 9.30am (Lowry).
December 19, 2016
Mr Andreas Reiners has been thrown a lifeline by the Fair Work Commission in his pursuit of the unfair dismissal claim against the Townsville Aboriginal & Islander Health Service (TAIHS). Commissioner Saunders in Newcastle on 16 December 2016 ruled he was not out of time and the matter has been referred to conciliation.
December 19, 2016
Queensland Nurses’ Union of Employees has failed to ping Ramsay Health Care Australia Pty Ltd on a raft of alleged industrial law breaches in a log of claims in the federal court. The case covered pay and leave entitlements for public holidays – alleged contraventions of ss 44 and 116 of the Fair Work Act for failure to pay employees for public holidays – whether employees entitled to be paid for public holidays if not rostered on to work – meaning of ordinary hours of work – alleged contraventions of ss 44, 50, 89(1) and 90 of the Fair Work Act for wrongly recording employees as having taken leave on public holidays. The Honourable Justice Rangiah Ruled the union failed to demonstrate that Ramsay had contravened ss 44 or 50 of the FWA. “Accordingly, the application must be dismissed,” he ruled.
