TERMINATION OF EMPLOYMENT – application to dismiss by employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision to dismiss appellant’s unfair dismissal application pursuant to s.399A of FW Act – Commission dismissed application after appellant failed to comply with Consent Order made in respect to her substantive proceedings – appellant’s submissions addressed fairness of dismissal rather than whether there was public interest in granting permission to appeal and appeal of decision – task of assessing public interest test is discretionary one involving broad value judgment [Coal & Allied] – public interest not satisfied simply by identification of error or preference for different result – appeals on question of fact may only be made on ground that decision involved significant error of fact – not persuaded appellant has established arguable case of error in respect to findings – found Commission’s findings were open to him on facts established by evidence – appellant sought to re-run case advanced before Commission in hope of achieving different result – not satisfied appellant established public interest – not satisfied appeal raised any issues of importance or general application beyond the direct interests of the parties nor does it identify diversity of decisions at first instance – not satisfied decision of Commission manifests injustice or result is counterintuitive – permission to appeal refused. Appeal by Hansen against decision and order of Platt C of 31 May 2016 [[2016] FWC 3472] and [PR580948] Re: Calvary Health Care Adelaide Ltd
August 12, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal filed one beyond outside statutory time limit – applicant submitted a number of reasons why her application was filed late, including that her grandfather suffered a heart attack and that she was required to provide care for her grandmother – applicant aware of dismissal on day of dismissal – extension of time would not prejudice employer – definition of ‘exceptional circumstances’ from Nulty applied – Commission satisfied that grandfather’s heart attack and applicant’s subsequent carer responsibilities constitute exceptional circumstances – extension of time granted. Ansett v Grogans Chemmart Pharmacy t/a Grogans Pharmacy
August 11, 2016
The ACT Government as represented by the Health Directorate is dealing with a s.739 (Application to deal with a dispute) before Commissioner Harper-Greenwell in Canberra chambers (Richardson).
August 11, 2016
The Australian Nursing and Midwifery Federation and Eastern health are debating a s.739 (Application to deal with a dispute in relation to flexible working arrangements) before Commissioner Cribb in Melbourne.
August 11, 2016
The Health Services Union and Yooralla have a s.739 (Application to deal with a dispute) before Commissioner Cribb for decision.
August 11, 2016
The War Veterans’ Home Myrtle bank Incorporated is accused of firing a staffer (Williamson) and a s.394 (Application for unfair dismissal remedy) is the outcome.
August 11, 2016
A retirement village employee stole a credit card from an elderly client to help her partner pay off his drug debts. The elderly woman they stole it from died a short time after the card was stolen. Amanda Kylee Atkinson was working at Jane Winstone retirement village from September last year to February this year, the Whanganui District Court heard yesterday. Between January 1-16, she stole the victim’s credit card, using it to buy $118.20 worth of products. Atkinson shared the card with associates, one of whom was her partner, Callum Darius Sherman. Sherman spent $727, police prosecutor Sergeant Drew Morrison said. The victim died on January 26, and her son-in-law reported suspicious activity on her card to BNZ on February 3. There were 78 fraudulent transactions on the card, adding up to $6740.38. Atkinson also went through a client’s drawers sometime during January and stole a chequebook, Mr Morrison said. She pleaded guilty to four counts of using a document for pecuniary advantage, and Sherman pleaded guilty to one count. Sherman told police he needed the money to pay off drug debt. He has no criminal history, Judge Philip Crayton said. Judge Crayton sentenced Sherman to nine months’ supervision and ordered he pay reparation of $727. He remanded Atkinson to October 19 for sentencing. The Jane Winstone Retirement Village is operated by Ryman Healthcare.
August 10, 2016
Anglican Care now has to deal with a s.604 (Appeal of decisions) from ex-staffer Charles. The Full Bench will meet in Hearing Room 15-1 – Level 15 in Sydney to review the earlier win.
