A pregnant woman who attacked a rest home worker and an animal control officer has been warned she will end up in prison if she reoffends. Kiriwaitutu Hawkins, 23, was sentenced on Tuesday at the Manukau District Court and placed on a two year supervision order. The Hamilton mother-of-two lashed out on two separate occasions in February this year, earning charges of threatening to kill, intentional damage of a motor vehicle and threatening behaviour. In the first incident on February 18, Hawkins was visiting her mother at a rest home and became angry when she was not allowed to leave her children in her mother’s care. Hawkins swore and threatened the rest home manager before physically attacking her. “You lunged at her, punched and abused her and spat at other staff members,” Judge Jane Lovell-Smith said. “You were screaming at the victim and police were called.”
December 21, 2016
A couple has been ordered to repay almost $1.46 million after it was found that the pair had swindled money from a rest home and their appeal was dismissed. Duncan and Sara Napier were the administration manager and nurse manager of Torbay Rest Home on Auckland’s North Shore which was owned by companies, Torbay Holdings Limited and Torbay Rest Home Limited. The Napiers effectively ran the rest home business and were given control of it on the basis of trust, says the appeal summary. Duncan was the administration manager from 2001 until the end of April 2012. During that time, he was responsible for the financial management of the rest home and supplied the companies’ accountant with information to do the accounts. The appeal summary says the accountant relied on the information supplied by Duncan and did not audit the accounts. “An audit was not possible because Mr Napier had not kept adequate records,” the judgment says. An investigation into the rest home’s finances was launched in April 2012 after the accountant was contacted by the Inland Revenue Department. After a three-week trial, Justice Mark Woolford decided the money they had taken out of rest home funds over 10 years “well exceeded” the gross combined income of the Napiers and their family trust and that they were liable to repay $2,235,397. The Torbay companies were able to recover just under $1.46 million. The Napiers appealed the decision at a hearing on October 17, but it was upheld in a decision released in mid-December. During the trial, the Napiers didn’t dispute the sum of money, but rather argued the payments were legitimate, the appeal summary says. Duncan says the payments were all in line with either the pair’s entitlements or reimbursements of expenses. The Napier’s argued the accounts from which the money was taken and deposited into were in overdraft, so the money wasn’t the property of the Torbay companies. However, this appeal point was dismissed in the judgment. Woolford also confirmed that the crime was proven beyond reasonable doubt. Further, he said the claim was within the High Court’s jurisdictions, rather than that of the Employment Relations Authority. The appeal was dismissed and the appellant was ordered to pay the cost of appeal. The judge held Duncan Napier as liable for his breach of duties. In the summary, the Torbay companies’ accountant said that since the Napiers left, there had been a “substantial turnaround in business” with profits made in 2013 and 2014 despite an increase in overhead costs. The rest home website says it is a 49-bed care facility.
December 21, 2016
Ms Deborah Davie has failed to convince the Fair Work Commission that her claim for unfair dismissal against North Queensland Primary Health Network is so compelling that she is deserving of more time to pursue it.
December 21, 2016
South West Radiology Pty Ltd is dealing with a s.394 (Application for unfair dismissal remedy) before Deputy President Lawrence in his Sydney Chambers (Ramrakha-Sharma).
December 21, 2016
The Fair Work Commission has granted a s.185 (Enterprise Agreement) application from The Society of Saint Hilarion Inc Aged Care for its Society of Saint Hilarion Ince Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016. Commissioner Gregory in Melbourne stamped the approval on 19 December 2016.
December 21, 2016
Yuibera Aboriginal Corporation has to deal with a s.394 (Application for unfair dismissal remedy) lobbed into head office by staff member Young.
December 21, 2016
The death of an elderly hospital patient killed in a head-on crash while driving himself to another hospital has raised questions about how patient transfers are handled in South Australia’s health system. The Riverland man, 72, was admitted to the Renmark Paringa District Hospital in October and was later released into the care of his wife to travel to the Riverland General Hospital at Berri for medical scans. He died when his ute collided with a truck on the Sturt Highway, while driving himself between hospitals for the scans on October 18. The Ambulance Employees Association’s secretary Phil Palmer said his members had confirmed the man was due to receive head scans before he died.
December 21, 2016
The reputation of the Aboriginal Local Health Service has been shattered by an elaborate scam involving two former SA Health employees, the Adelaide District Court has heard. Tabitha Lean,40, and her husband Simon Craig Peisley, 37, were convicted last month of 47 charges of deception and one of attempted deception. Their trial heard the couple sent relatives, friends and even their children’s school concocted threats as well as packages of what appeared to be bloodstained children’s clothing. Lean was worried she might lose her job as director during a review of the local health service in early 2012, and claimed to be receiving death threats. Her husband also worked for the service. The fake threats to harm the pair and their family led SA Health to pay for their relocation from their home at Elizabeth to a serviced apartment at North Adelaide, and the agency covered other costs including interstate travel and medical appointments. In sentencing submissions, victims’ rights commissioner Michael O’Connell read a community impact statement on behalf of the Aboriginal Local Health Service. “The crimes perpetrated by Ms Lean and Mr Peisley had an impact on a large number of individuals, the Aboriginal community as well as the broader community,” he said. “The deception, amongst other things, has caused shock, shame, embarrassment and anger.” Mr O’Connell said there had been a notable decline in people using what had been a well-respected health service.
