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
October 11, 2016
TERMINATION OF EMPLOYMENT – costs – s.394, 400A, 611 Fair Work Act 2009 – applicant lodged an application for unfair dismissal – both parties engaged legal representatives – additional conciliation was conducted by the Commission – applicant discontinued application prior to hearing – applicant submitted that the respondent’s application for costs was instituted vexatiously with the primary purpose to harass and/or embarrass the Catholic Church – also submitted that the application was instituted without reasonable cause and had no reasonable prospects of success – applicant submitted that had acted on legal advice – also submitted that applicant had agreed to participate in two conciliation conferences necessitating increased legal expenses yet had refused to make any offer to settle the matter at either conference – Commission satisfied that applicant did not act vexatiously – found application was not lacking in merit or manifestly untenable – found did not participate in an unreasonable act or omission and that applicant withdrew application based on legal advice – application for costs dismissed. Mott v Diocese of Lismore t/a Diocese of Lismore
October 10, 2016
The Australian Nursing & Midwifery Accreditation Council is to defend a s.739 (Application to deal with a dispute) lodged by a staff member (Fogarty).
October 10, 2016
The Health Services Union and St John of God Health Care are debating a s.739 (Application to deal with a dispute) before Commissioner Wilson in his Melbourne Chambers.
October 10, 2016
Northside Community Service Limited has been served with a s.394 (Application for unfair dismissal remedy) by Isturiz-Moron.
October 10, 2016
An application for the approval of the Royal Rehab Nurses Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is with Commissioner Cribb in the Fair Work Commission at 11 Exhibition Street in Melbourne.
