NEWS-HR

Biripi Aboriginal Medical Service must face a s.604 (appeal of decisions) by ex-staffer Saville before the Fair Work full bench.

An application for approval of The Back in Motion Health Group Hampstead Gardens Enterprise Agreement 2016 (s.185 – application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Roe in his Sydney chambers.

TERMINATION OF EMPLOYMENT – costs – ss.394, 400A Fair Work Act 2009 – unfair dismissal application dismissed [[2016] FWC 2459] – respondent made an application for costs under s.400A of FW Act – respondent submitted that it incurred costs because of applicant’s unreasonableness in failing to settle matter – failure to settle was unreasonable due to fact that maximum compensation was offered, the prospect of reinstatement remote, and it was unclear what contractual rights the applicant had – mere fact that applicant unsuccessful in establishing he was dismissed does not mean his non-acceptance of the offer of settlement was unreasonable [Roy Morgan Research Ltd v Baker] – Commission held decision to not settle claim was not unreasonable, given that respondent wanted to seek a broader release than that of the existing litigation – Commission unable to determine applicant’s prospects of success with alternative claims not before it – necessary prerequisites for making a cost order not satisfied – application for costs dismissed. Wakeling v Foster Pharmacy P/L t/a Foster Pharmacy

A second Townsville university will offer an on-campus nursing degree with CQU announcing plans to hold the course next year. The new course will start from term 1, 2017 after strong demand from prospective students inquiring about on-campus nursing degrees.

Southern Cross Health Society is looking for a new chief executive after the resignation of Peter Tynan. He will to remain in charge until a successor is found, which is expected to be by December.

Barwon Health is warning staff to be safe after a female doctor felt threatened by five men in a hospital car park on the weekend. A hospital spokeswoman said the five men didn’t interact with the woman but their presence at the Swanston St car park was enough to leave her feeling uncomfortable and she returned to the hospital to alert others. “We can confirm that a staff member finishing work on Saturday night felt threatened by a group of five men while she was walking to the staff car park on Swanston St. Fortunately this staff member was not physically injured and did not require treatment,” the spokeswoman said.

Torts – negligence – medical negligence – nervous shock – breach of duty of care admitted – whether psychiatric injuries suffered – nature and extent of injuries – assessment of non-economic loss and past and future economic losses – judgment in favour of plaintiff in each case – costs awarded against the South Western Sydney Local Health Network.

S Taglieri has established that work for the Department of Health and Human Services in Tasmania has resulted in a “whole person impairment of not less than 20 per cent”.