NEWS-HR

It has taken 10 years for Belinda Jane Scullino to get costs against Mission Services Pty Limited. The NSW Workers Compensation Commission this week ordered mission to pay $5,754.38 to the widow of the deceased worker.

Ngaanyatjarra Health Service (Aboriginal Corporation) T/A Ngaanyatjarra Health Service has failed in its Fair Work Commission application for costs against Andrew Roberts and others. The application for costs orders was against a party and legal representative involved in an application for an earlier Unfair Dismissal Remedy.

Limestone Coast Health Unit Trust is up against a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Paltridge).

An application for approval of the AnglicareSQ Allied Health Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be with Commissioner Johns at the same time.

An application for approval of the Advantaged Care Non Clinical Staff Greenfield Enterprise Agreement 2016-2018 (s.185 – Application for approval of a greenfields agreement) will be determined by Commissioner Johns in his Melbourne chambers at 2pm.

An application for approval of the Midland Nursing Home Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is being mulled over by Commissioner Lee in his Melbourne chambers at 1pm.

An application for approval of the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is being reviewed by Fair Work Deputy President Dean.

TERMINATION OF EMPLOYMENT – remedy – ss.392, 394 Fair Work Act 2009 – application for relief from unfair dismissal successful – reinstatement not appropriate – compensation appropriate – material filed prior to issuing of decision was insufficient to deal properly with issue of compensation – parties afforded further opportunity to file submissions on compensation – approach to calculation of compensation in McCulloch followed – payment of maximum amount of compensation would not affect viability of respondent’s business – applicant had performed almost 11 years of service with respondent, and length of service no justification for reduction in applicant’s compensation – Commission satisfied that, were it not for dismissal, applicant would have remained in respondent’s employ for at least a further six months – applicant made reasonable attempts to mitigate loss and no deduction should be made on this basis – local unemployment level and physical disability of applicant relevant to efforts to mitigate loss – remuneration earned in six months following dismissal and payment in lieu of notice deducted from amount of compensation – no deduction for misconduct – total amount of compensation equal to $30,178.89 plus applicable superannuation. Carrick v Life Without Barriers