TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant contended Commission erred in refusing to allow a further period within which the appellant’s unfair dismissal application could be brought, because she did not take into account the ‘main reason’ explaining the delay in lodgement and that the main reason is said to be ‘computer technical difficulties’ – Full Bench was not persuaded by appellant argument – firstly, to describe ‘computer technical difficulties’ as the main reason explaining delay in lodgement of application is to seek to rewrite the way in which the explanation was given by the appellant in her written submission to the Commission of 5 May 2016 – secondly, the published reasons for the decision indicated the Commission took into account the whole of the appellant’s submission of 5 May 2016 – public interest not enlivened – permission to appeal refused. Appeal by Saville against order of Drake SDP of 18 May 2016 [PR580476] Re: Biripi Aboriginal Medical Service t/a Biripi Aboriginal Corporation Medical Centre
August 5, 2016
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision of Commission to dismiss application for relief from unfair dismissal – appellant dismissed for serious misconduct arising from respondent’s belief that appellant was stealing from the business – Commission, at first instance, found dismissal consistent with Small Business Fair Dismissal Code – appellant sought permission to appeal – submitted Commissioner incorrectly applied Pinawin regarding whether or not respondent’s belief was held on reasonable grounds, as she was not provided with an opportunity to respond to the allegations – appellant submitted transcript identified a number of errors of fact – respondent submitted matters raised by applicant had already been put to Commission – permission to appeal under s.400 FW Act requires enlivening of public interest and, to extend it involves an error of fact, a significant error of fact – test under s.400 ‘a stringent one’ [Coal & Allied Mining Services] – Full Bench unable to identify any significant errors of fact – no factual errors asserted by applicant were determinative of matters before Commission – public interest not enlivened – legal principles applied by Commission were harmonious with recent Full Bench decisions – permission to appeal refused. Appeal by Cox against decision of Sams DP of 14 April 2016 [[2016] FWC 1861] Re: Dr Elizabeth Varughese; Eve O & G t/a Doctor Elizabeth Varughese
August 5, 2016
An application for approval of the Link Health and Community Limited General Dentists’ Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is in the hands of Commissioner Lee in his Melbourne chambers.
August 5, 2016
An application for approval of the Country North Community Services Incorporated Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Platt.
August 5, 2016
A culture of threats, abuse and nepotism is uncovered in an extensive workplace review of Ballarat Health Services (BHS), with a union now considering possible class action. Two hundred staff were interviewed as part of the review commissioned by Victorian Health Minister Jill Hennessy in the wake of bullying complaints last year. In its findings, staff reported a culture of favouritism, where workers were yelled or screamed at by supervisors during handover, at team meetings, and in front of patients. Staff complained of having things thrown at them or dumped on their desk, with negative remarks made about race, sexuality and religion. Threats were also made when issues were raised, with staff told their certification was at risk. The report’s author Sarah Rey said the consistency and volume of the complaints was “confronting”, and cited “serious deficiencies in BHS culture and leadership, as well as gaps in BHS training, policies and practice”. New chair of the Ballarat Health Services board Rowena Coutts apologised to staff and said a range of measures would be adopted in response to the report. “I was shocked and deeply concerned about what had occurred,” she said. Ms Coutts said a lot of changes had already been made to the workplace. She confirmed six of the hospital’s nine executives had resigned in the past nine months, starting with the departure of the former chief executive Andrew Rowe in December. This week the hospital received the resignation of its director of mental health, Tamara Irish, which came off the back of resignations from the head of medical services, as well as executives in human resources and finance. The departure of the previous board chair, Andrew Faull, was announced early this year. Ms Coutts would not go into the reasons for the mass resignations. “I think it’s an opportunity, and I am optimistic about the future. We’ve got a newly-cast board, we’ve got a brand new CEO. “We’ve got this wonderfully dedicated and committed workforce, who have continued to deliver good patient care during what sometimes must’ve been very difficult circumstances and I think together there is a real resolve to change things.” The hospital said it would appoint a new complaints manager who would report directly to the hospital’s chief executive and give all former staff access to counselling. But Paul Healy from the Health and Community Services Union said it was not enough. “An apology is nice, and I think it’s a long time coming, but at the end of the day these people’s lives have been destroyed, they’ve lost money, they’ve lost sleep and the affect it’s had on them has just been horrendous,” he said. “It sounds like a class action might be the best way to go forward.”
August 5, 2016
Staff at Queensland’s biggest public hospital thought former LNP MP Chris Davis would know the withdrawal of a vacancy he had applied to fill was “BS”, documents in his anti-discrimination case claim. Former Stafford MP Chris Davis launched proceedings in the Queensland Civil and Administrative Tribunal earlier this year after his August 2014 application for a full-time gerontologist position at the Royal Women’s and Children’s Hospital was rejected. In his original application, he alleged his political beliefs and activities were referred to as a “tricky issue” in internal hospital emails after he lodged his application, which was deemed the only viable submission. Fresh documents filed by his legal team detail further alleged email conversations, including a September 2014 exchange in which head of internal medicine Dr Charles Denaro discusses with two other employees how to inform Dr Davis the position will no longer be filled externally and tells them he appreciates they’re trying to find a “sensible solution to this problem”. According to the claim, he then suggests he explain to Dr Davis that, given the establishment of clinical streams across the Metro North Hospital and Health Service, all the vacant positions were being re-evaluated but may be re-advertised in the new year. “He will realise that it is BS,” the email allegedly concludes, with then-executive director Professor Keshwar Baboolal agreeing a response “along those lines” is appropriate. The documents also outline an alleged telephone conversation between Dr Denaro and the former politician in which the staffer says the hospital has bowed to political pressure and taken the easy way out and, in doing, discriminated against Dr Davis. MNHHS has staunchly denied the allegations brought by Dr Davis in the tribunal proceedings. “This allegation dates back a numbers of years and as it is currently before QCAT, we are unable to comment in any detail,” a spokesperson said. “However we can state that the allegations are denied and the matter will be strongly defended.” Dr Davis is seeking general and aggravated damages, as well as future economic loss amounts, totalling $1.2 million. He also wants a public apology and changes to anti-discrimination training practices in the service.
August 5, 2016
Allied health professionals, including physiotherapists and radiographers, in Victorian public hospitals have struck a deal for a pay increase after walking off the job over the dispute. Thirty-three Victorian hospitals were affected by the stop-work on Thursday morning. Under the new deal, staff will receive a 12.5 per cent pay rise over four years and advanced clinical work will only be carried out by senior staff. The secretary of the Victorian Allied Health Professionals Association, Craig McGregor, said that had been one of the sticking points in negotiations. “We had genuine concerns about junior allied health clinicians providing advanced practice work, that is work of consultant radiologists and neurosurgeons, etcetera, well before they were clinically ready to do so,” Mr McGregor said. “Fortunately the Andrews Government came to their senses and put a position that alleviated our concerns around that issue.” Mr McGregor said he applauded the State Government for its decision but said it was disappointing it took industrial action to resolve the year-long dispute. “To be perfectly honest every step of the way has taken industrial action,” he said. “It seems to be this modus operandi where they will not move unless you take action, or seriously threaten action. “So it’s a pretty disappointing pattern.” Staff had planned to march on State Parliament in protest over the dispute, but once an agreement was reached, they marched in celebration. Workers said they were happy with the deal. Brendan, a radiographer of 15 years, said he was pleased with the agreement. “I think it’s pretty good, I think they’ve done a very good job,” he said. “I think the career structure is the most important, a defined structure from the base grades all the way up to increasing the chief.” He said there was strong support for the deal at the union meeting. “There was no-one that voted no, no-one abstained, it was overwhelmingly unanimous,” he said. The deal was struck between the Victorian Allied Health Professionals Association, and the Victorian Hospital Industrial Association. It will now go to the State Government for approval.
August 5, 2016
The Salvation Army denies it has “fired” two volunteers for speaking out about the future of the Dunedin foodbank and the treatment of the organisation’s staff. Former Dunedin Salvation Army volunteers Reg Ozanne and Tracey McCabe said they were “fired” by Salvation Army manager David McKenzie yesterday. The pair spoke about their concern for the future of the organisation’s foodbank after a staff restructure left seven people without jobs. Ms McCabe said she called the organisation to ask if she had been “fired” after Mr Ozanne told her he had been sacked when he went to the Salvation Army to complete his regular volunteer shift yesterday. Ms McCabe said she asked Mr McKenzie “have I been fired” and he replied “yes, you have been fired”. The volunteer of four years said she was told she had been sacked because she breached her contract by speaking to the media. After being told this, she claims the manager hung up on her. Mr Ozanne did not want to discuss his dismissal. However, he confirmed he was also told he was “fired” because of speaking to the media. Neither Ms McCabe nor Mr Ozanne could recall having signed contracts. Salvation Army southern division community ministry secretary Captain Lindsay Andrews said neither Ms McCabe nor Mr Ozanne had been fired. “They are volunteers. They cannot be fired.” Mr Ozanne had been “advised to take a temporary break” by the Dunedin manager, and the organisation had not asked Ms McCabe to change anything. “We have no intention to stop Tracey volunteering.”
