Australian Nursing and Midwifery Federation and Opal Aged Care are bogged in a s.739 (Application to deal with a dispute).
June 1, 2016
An application for approval of the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is with Commissioner Lee today.
June 1, 2016
An application for approval of the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is set for review by Fair Work Commissioner Gregory.
May 31, 2016
The New South Wales Nurses and Midwives’ Association and Kennedy Health Care Group are embroiled in a s.739 (Application to deal with a dispute) hearing in Sydney.
May 31, 2016
The New South Wales Nurses and Midwives’ Association and Bupa Care Services Pty Limited are in a s.739 (Application to deal with a dispute) hearing before Fair Work Commissioner Johns.
May 30, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that it was a small business and applicant had not completed the requisite minimum employment period – respondent asserted the Small Business Fair Dismissal Code applied – respondent also objected on basis that dismissal was a genuine redundancy – Commission determined in prior decision that respondent could not properly be described as a small business and applicant had completed the minimum employment period [[2016] FWC 1522] – held that employment terminated because respondent concluded the position was financially unsustainable – not satisfied applicant was replaced with another person undertaking the same duties – satisfied that the financial difficulties confronting the respondent were explained to applicant in staff meetings – concluded that as respondent is a relatively small business there was limited capacity for redeployment, however evidence confirmed redeployment was investigated – Selvachandran applied – Commission concluded that the reasons for termination were not related to capacity or conduct – held that decision to make applicant redundant was a sound, defensible and well-founded reason – found respondent’s failure to give applicant advance notice of the extent to which her position was in jeopardy was of significance – found dismissal harsh, unjust or unreasonable notwithstanding that it occurred for a sound and defensible reason – reinstatement not an appropriate remedy – applicant awarded compensation of one week’s pay plus superannuation. Horlor v The Symon Trust t/a Kensington Park Medical Practice
May 30, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed on three year contract as Community Education Officer – applicant submitted dismissal unfair rather than redundancy – applicant submitted that former job and work continued as new staff employed by respondent – applicant further submitted no consultation process concerning restructure and position created within restructure was to his disadvantage – respondent submitted that applicant’s employment genuine redundancy which resulted in abolishment of applicant’s position – further submitted that had met consultation requirements and there was no position in which applicant could be redeployed – Commission considered whether dismissal a case of genuine redundancy – found respondent no longer required applicant’s Level 6 position to be performed by anyone because of operational requirements of enterprise – found respondent gave notice to applicant in correspondence proposing and inviting comment – found respondent provided written information described in consultation clause of award – given size of enterprise, no redeployment options upon restructure – Commission found applicant’s dismissal genuine redundancy – application dismissed. Millar v Council on the Ageing WA Inc t/a COTA (WA) Inc
May 30, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated following investigation into declining performance – investigation indicated that applicant had been using company email address to obtain discounts for personal benefit from respondent’s suppliers – amongst other things, investigation also determined applicant had been engaging employees of the respondent to perform work for him of a personal nature during ordinary hours – whether applicant’s dismissal was harsh, unjust or unreasonable – Commission held applicant’s behaviour was deliberate and that it was not unreasonable for respondent to treat conduct as inconsistent with continuation of employment – dismissal not harsh, unjust or unreasonable – application dismissed. Gardiner v Next Residential P/L t/a Next Residential
