The trial of a nurse accused of murdering two women in a nursing home on the New South Wales north coast has been shifted to Sydney, and will start for a third time next week. Forty-nine-year-old Megan Haines has pleaded not guilty to two counts of murder. It has been alleged she gave fatal insulin injections to 82-year-old Marie Darragh and 77-year-old Isabella Spencer at the St Andrews aged-care centre in Ballina in May 2014. A second jury was discharged in the Supreme Court at Lismore today. The trial is due to start again on Monday.
October 14, 2016
The Fair Work Commission has granted a s.437-(Application for a protected action ballot order) made by Hammond Care. The application involved the proposed protected action ballot of employees of Hammond Care — form of question — permissibility of composite question seeking a single yes/no answer to whether multiple forms of industrial action are approved — extension of notice period. The matter was opposed by the ANF and the Health Services Union.
October 14, 2016
Mrs Leticia Liousas has been refused an extension of time to pursue an unfair dismissal claim against Aveo Group Limited
October 14, 2016
Kerry Ann Paltridge has failed to convince the Fair Work Commission that she was unfairly dismissed by the Limestone Coat Health Unit Trust T/A Robe Medical Centre
October 14, 2016
Francis Logan has won her claim for reinstatement at the Bendigo Health Care Group. Commissioner Ryan in Melbourne ruled her dismissal was harsh. The termination letter given to her failed to identify her ‘serious misconduct’.
October 12, 2016
The trial of a nurse accused of murdering two patients at a northern NSW aged-care home has been delayed until today after the jury was discharged. Megan Jean Haines has pleaded not guilty to murdering Marie Terese Darragh, 82, and Isabella Spence, 77, during a night shift at the St Andrews Village nursing home in Ballina in May 2014. The two women were found unresponsive in their beds on the morning of May 10 and died hours later. The trial, expected to take several weeks, was due to start yesterday but just minutes before judge Peter Garling was due to adjourn the first day of proceedings, he received two notes from the jury raising potential conflicts of interest. One juror revealed a relative was now resident at the nursing home. Crown prosecutor Brendan Campbell had finished delivering his opening argument and defence barrister Troy Edwards had started his. Both raised concerns about a potential conflict, given a juror’s relative was a resident and could recognise witnesses or be recognised by them. Justice Garling agreed and discharged the jury. A new jury will be empaneled today.
October 12, 2016
Up to 70 Lyndoch Living employees walked off the job last Wednesday but management says services will continue without major impacts. The two-hour strike comes as the Health Workers Union says the aged care organisation’s carers, kitchen helpers and receptionists receive the lowest award wage in the country. The workers are pushing for at least a 14 per cent pay rise over four years. Health Minister Jill Hennessy said the negotiation break-down was a “concern”.
October 11, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as an enrolled nurse – dismissed for serious misconduct – patient made a complaint about the conduct of the applicant – two allegations – applicant given opportunity to respond – first allegation could not be substantiated – applicant made admissions as to his conduct in relation to the second allegation – admitted touching the hand and kissing a patient on the forehead and saying ‘Goodnight and God bless’ – admitted that his conduct crossed the boundary – Commission found valid reason for dismissal based upon the kissing of a patient – found dismissal was harsh – disproportionate to the gravity of the conduct admitted – also unjust and unreasonable – found reinstatement appropriate – order to restore lost pay refused – appropriate to make an order under s.391(2) of FW Act that there be continuity of employment and continuity of continuous. Logan v Bendigo Health Care Group
