An application for approval of the Sphere Healthcare Pty Limited Enterprise Agreement 2016-2017 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Commissioner Roe in his Melbourne chambers.
August 19, 2016
TERMINATION OF EMPLOYMENT – misconduct – ss.394, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision of single Member of Commission to dismiss application for relief from unfair dismissal – appellant submitted permission to appeal should be granted as decision contained significant errors of law and fact, allowed extraneous matters to guide deliberation and did not give sufficient weight to certain factors – appellant submitted that subject matter dealt with a breach of guidelines related to a notifiable condition, which attracted the public interest – transcript of proceeding considered by Full Bench – no errors of fact identified – decision at first instance made on the basis of evidence presented – no public interest in granting permission to appeal – permission to appeal refused – appeal dismissed. Appeal by Mazi against decision of Simpson C of 20 April 2016 [[2016] FWC 1201] Re: Ozcare
August 18, 2016
A female worker at the McKellar Centre has been attacked by three armed men who jumped out of a van and tried to steal her car and phone. Detective Senior Constable Mark Thomas said two of the males had their faces covered when they jumped from the white van and threatened the 49-year-old victim with knives. It followed changes to on-site parking that saw employees made to park on roads surrounding the McKellar Centre to avoid paying for on-site parking when fees were introduced that year. Barwon Health chief executive officer Professor Belinda Moyes said everyone had the right to feel safe in their community.
August 18, 2016
A woman who worked as a carer in Ipswich and claimed she was attacked and beaten by a female co-worker has taken her case to Queensland’s highest court to determine whether her employer breached its duty. Court documents say the woman, now aged 56, received physical and psychiatric injuries following the alleged attack that occurred while she and the co-worker were changing shifts in December 2009. They cared for the same person who had a disability. The woman took legal action against her employer, UnitingCare Community, which traded as Lifeline Community Care Queensland, claiming it breached its duty because it rostered both women on consecutive shifts, causing them to cross paths, despite the woman having previously complained about the co-worker’s alleged harassing behaviour. The woman claimed she had told her supervisor of four incidents where the co-worker had allegedly assaulted and physically obstructed her, including poking her in the back with a broom and grabbing her wrists. She also claimed she had given her supervisor a letter expressing her concerns and asked that she and the co-worker be kept apart. UnitingCare Community denied the supervisor was told about the four incidents and denied that the supervisor was handed the letter. Earlier this year, a district court judge dismissed the woman’s case and found that UnitingCare Community did not breach a duty. The judge found the woman did give her supervisor the letter but he said this letter did not imply a risk that the co-worker would assault her. The judge also said the four incidents were not mentioned until the trial and that the woman did not raise them in her letter and did not tell medical experts. He said her failure to mention them meant she did not infer a risk of violence from her co-worker. The woman has taken this judge’s decision to the Queensland Court of Appeal and on Tuesday her barrister Wallace Campbell said the judge made an error because the woman’s letter clearly showed she was fearful. Barrister Richard Moreton, acting for UnitingCare, disagreed, saying that just because two employees had a “shouting match” or disagreement did not automatically mean it would lead to a physical assault. The Queensland Court of Appeal will hand down its findings at a future date.
August 18, 2016
The New South Wales Nurses and Midwives’ Association and Wesley Hospital Ashfield are involved in a s.739 (application to deal with a dispute) before Commissioner Johns in his Sydney chambers.
August 18, 2016
An application for approval of the Victorian Stand Alone Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017 (s.185 – application for approval of a multi-enterprise agreement) is being reviewed by Commissioner Cribb.
August 18, 2016
A nurse accessed patient records including those of her friends, family and colleagues, despite none being under her care, a tribunal has heard. The woman, who has permanent name suppression, was a nurse in a North Island health service centre between November 2011 to May 2014 where she inappropriately accessed and viewed 64 patients on 114 occasions. She appeared at the Health Practitioners Disciplinary Tribunal in Wellington yesterday. When the nurse worked at the health service centre, she had access to patient information through a computer system. Every time an employee logged into the system, a warning about patient confidentiality would appear. However the nurse continued to peek into patient records of people she knew or recognised – including friends, family, colleagues and colleagues’ family members, the tribunal heard. She looked at one patient’s information 17 times.
August 18, 2016
An application by Blackall Range Care Group Inc (s.222 – application for approval of a termination of an enterprise agreement) will be decided by Commissioner Booth in his Brisbane chambers.
