TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – respondent not-for-profit community organisation reliant on government grants – applicant employed as coordinator on casual basis – respondent in financial difficulty – executive committee decided that until financial situation improved, there was no longer a viable position for a paid coordinator – respondent had applied for funding that could have been used to preserve applicant’s position – while funding had not yet been received, applicant had reasonable grounds to believe it would be forthcoming – test is not whether decision to terminate was prudent, but whether termination was a genuine redundancy defined by FW Act – Commission satisfied decision to terminate was because respondent changed the way it operated and no longer required applicant’s job to be performed by anyone else – respondent met its obligations under award to consult applicant since she was present at AGM and executive committee meeting – no other paid position into which applicant could have been redeployed since she was respondent’s only employee – application dismissed. Adams v Blamey Community Group
August 12, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – client in the aged care home fell and broke her hip whilst being walked to her bed – applicant dismissed for breaching the Registered Nurse professional conduct, breaching the Falls Management Process and breaching the Code of Conduct – failed to properly document the fall – tried to convince another staff member not to speak to Whiddon about the incident – Commission found that applicant was the most appropriate person to have documented it – applicant was afforded procedural fairness during the investigation process – Commission found that the dismissal was neither harsh, unjust nor unreasonable – application dismissed. Kaur v The Frank Whiddon Masonic Homes of New South Wales t/a The Whiddon Group
August 12, 2016
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.
