TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant sought remedy for unfair dismissal – applicant filed late submissions and failed to attend hearing – evidence filed admitted into evidence though not present to swear to correctness of statement or be cross-examined – respondent submitted applicant suspended without pay after being determined unfit for work – tested positive for methamphetamine and amphetamine – substances found in medical report not consistent with medications applicant declared at time of providing urine sample – respondent provided applicant with opportunity to attend drug and alcohol counselling service in light of positive drug test – applicant invited to attend meeting with respondent with support person however did not attend with anyone – Commission found valid reason for dismissal – applicant provided notification of reason and opportunity to respond – dismissal of applicant in all circumstances neither harsh, unjust nor unreasonable – applicant not unfairly dismissed – application dismissed. Tadrous v St John of God Health Care Inc
July 28, 2016
A former Geelong aged care worker with a gambling addiction stole and used an elderly resident’s bank card. Nicole McKinnis, 46, pleaded guilty in Geelong Magistrates’ Court on Wednesday to a charge of theft while she had been an aged care employee at a Belmont facility. Police prosecutor Leading Senior Constable Alana Groves Sen-Constable Groves said , McKinnis had stolen a resident’s bank card on February 9 and, over a period of hours, used it to buy groceries, fuel and make purchases from the Tobacco Station, totalling just under $200. “McKinnis was arrested on April 25 and, during a record of interview, told police she stole the card to buy food and because she had alcohol and gambling addictions,” Sen-Constable Groves said. Sarah Wood, for McKinnis, said her client had a gambling addiction and used to get carried away at the pokies. She said McKinnis had not gambled since being caught, that she had lost her job as a result and could no longer afford to gamble. McKinnis was convicted and placed on a 12-month Community Corrections Order with 100 hours unpaid community work.
July 28, 2016
WA community provider Rise Network has announced a merger with non-profit provider Creative and Therapy Activities (CATA).
July 28, 2016
Anglicare SA Incorporated is in Fair Work this morning dealing with a s.739 (application to deal with a dispute) instigated by a staffer (Lamb).
July 28, 2016
Anglicare SA Incorporated then has to deal with a separate matter (s.739 – application to deal with a dispute in relation to flexible working arrangements) launched by a different staffer (Moore).
July 28, 2016
Roger Guest has been awarded extra time to pursue an unfair dismissal claim against Hills Holdings LTD T/A Hills Connection Solutions because of the employer’s obfuscation and the deliberate embrace of a delay strategy to defeat Guest’s application.
July 28, 2016
The Community and Public Sector Union and Commonwealth of Australia represented by the Department of Human Services will debate with Vice President Catanzariti in the Fair Work Commission CML Building 17 – 21 University Avenue Canberra today.
July 28, 2016
An application by WorkPac Pty Ltd & WorkPac Healthcare Pty Ltd (s.210 – application for approval of a variation of an enterprise agreement) is to be presented to Commissioner Booth in his Brisbane chambers at 2pm.
