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.
January 20, 2017
A s.248 (Single interest employer authorisation) by Victorian Hospitals’ Industrial Association has been ratified by Commissioner Cribb in Melbourne on 19 January 2017.
January 20, 2017
A s.394 (Application for unfair dismissal remedy) by Shah Ahmed against Southern Cross Care WA (Inc) drew a mixed message from Deputy President Binet. Whilst the FWC ruled the dismissal was procedurally unfair, it refused any consideration of reinstatement or compensation.
January 20, 2017
A s.185 (Enterprise agreement) by Maryvale Private Hospital Pty Ltd for its Maryvale Private Hospital Support Services Enterprise Agreement 2016 has been ratified by Commissioner Gregory in Melbourne.
January 20, 2017
Mary Mackillop Aged Care SA is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Lehmann).
