TERMINATION OF EMPLOYMENT – casual – minimum employment period – ss.22, 384, 394 Fair Work Act 2009 – applicant employed from 16 June 2014 to 10 March 2016 – respondent raised jurisdictional objection that applicant was a casual employee not employed on regular and systematic basis – minimum employment period six months as respondent not a small business – required to determine whether applicant employed on regular and systematic basis and had reasonable expectation of continuing employment on regular and systematic basis – applicant acknowledged casual status and on casual list – asserted regular engagement and reasonable expectation of continuing employment – respondent submitted applicant engaged on ad hoc basis and worked at different locations on sporadic range of days – Ponce and Yaraka Holding P/L considered – Commission satisfied applicant’s engagement was regular and systematic, despite hours and location of engagement – found applicant served requisite minimum employment period and continuous service extended to point of dismissal – jurisdictional objection dismissed – matter referred for further programming. Sukerti v The Salvation Army Western Australia Property Trust t/a Salvos Stores
July 28, 2016
The nurses’ union wants a licensing scheme introduced to prevent aged-care workers who are sacked for misconduct from getting jobs at other nursing homes. Residential aged-care staff are required to undergo police checks every three years and nobody who has served time in jail for violent offences such as assault is permitted to work in the sector. But industry leaders are concerned about the lack of a national register which records serious misconduct by aged care workers.
July 28, 2016
Bendigo disability employment service Radius has appointed a new chief executive officer. Alyson Miller, who will join the not-for-profit in September, brings with her experience in other regional health and wellbeing organisations. The former CEO of remote professional counselling service On the Line has also held down the top job at Pathways Mental Health and Wellbeing in Geelong, one of the first communities in Australia to receive the National Disability Insurance Scheme roll out.
July 28, 2016
The Ors Group Pty Ltd t/as Ors Rehabilitation & Placement Services has succeeded in convincing the NSW Workers Compensation Commission to revisit an earlier ruling on its medical obligations to Rosanna Lilli.
July 28, 2016
Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus has failed in its attempt to have its redundancy pay obligations to Miss Jariya Willmott varied.
July 27, 2016
A nurse sacked from Auckland’s North Shore Hospital after questions were raised about her dispensing of Oxynorm capsules has been found guilty of professional misconduct. The registered nurse, Crystal Schlee, now faces losing her right to practice in New Zealand, although it is understood she has moved to the United States. Her job on a medical isolation ward at the Takapuna hospital, run by the Waitemata District Health Board, was terminated in October 2012. Schlee did not attend the hearing of charges against her in the Health Practitioners Disciplinary Tribunal.
July 27, 2016
Ishrat Kathia has failed to convince the NSW Workers Compensation Commission that it should overturn an earlier ruling. She was attempting to ‘improve’ her injury claim against The Frank Whiddon Masonic Homes of NSW. The appeal said no.
July 26, 2016
The Health Services Union and Marco Polo Aged Care Services Limited are arguing a s.739 (Application to deal with a dispute) before Fair Work Commissioner Harper-Greenwell in Sydney.
