An ACT public servant who claimed she suffered a psychological injury because of bullying and harassment has lost a bid for compensation. The woman, who worked for ACT Health since 2002, claimed she suffered a “major depressive disorder” after a meeting over complaints she had been rude and disrespectful to other staff. The Administrative Appeals Tribunal has now upheld a decision by Comcare to refuse compensation to the woman who claimed she suffered a psychological injury which developed as a result of “bullying and harassment by [a] senior officer”. Comcare accepted the woman did suffer a single episode major depressive disorder which was to a significant degree contributed to by her employment with ACT Health, the AAT judgment said. The tribunal was told the woman had a meeting with her manager and her manager’s manager where she told about complaints that she had dealt with some staff in a “rude and disrespectful manner”. In upholding Comcare’s decision to refuse the woman compensation, the tribunal found the meeting and what her superiors did at the meeting amounted to “reasonable administrative action taken in a reasonable manner in respect of [her] employment”. The tribunal found because the meeting was “reasonable administrative action take in a reasonable manner”, her disease was “excluded from the definition of injury” meaning Comcare was not liable to pay her compensation. The tribunal found the meeting could have been “conducted more reasonably” such as by allowing the woman to bring a support person with her, raising positive aspects of her work performances or asking her if she wanted the meeting adjourned when she became upset. “But the fact that the meeting could have been conducted more reasonably does not make it unreasonable,” the tribunal found.
July 12, 2016
A doctor who disclosed a man’s “delusional” medical history in a discussion about Islamic faith has been ordered to pay $10,000 compensation following a privacy invasion ruling. The man had abandoned the religion and claimed the doctor maliciously emailed sensitive, inaccurate information to others to persuade his community a serious illness was the reason he renounced. The pair, who had known each other and attended religious services for years, can’t be named. Acting Australian Information Commissioner Timothy Pilgrim recently ruled there was no evidence of malicious intent, as alleged, or of a dishonest “delusional depression” diagnosis for a prior illness. However, the GP should not have divulged medical information to the third parties without consent. The detail was sent in an email last January to the man and six other people, including his sons and friends, in response to his request for answers to religious questions. The commissioner ordered him to pay damages for the distress and injured feelings the privacy invasion caused.
July 12, 2016
Barwon Health is facing a s.372 (application to deal with other contravention disputes) lodged by Frank before Fair Work Commissioner Cribb.
July 12, 2016
Biripi Aboriginal Medical Service must face a s.604 (appeal of decisions) by ex-staffer Saville before the Fair Work full bench.
July 12, 2016
An application for approval of The Back in Motion Health Group Hampstead Gardens Enterprise Agreement 2016 (s.185 – application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Roe in his Sydney chambers.
July 12, 2016
TERMINATION OF EMPLOYMENT – costs – ss.394, 400A Fair Work Act 2009 – unfair dismissal application dismissed [[2016] FWC 2459] – respondent made an application for costs under s.400A of FW Act – respondent submitted that it incurred costs because of applicant’s unreasonableness in failing to settle matter – failure to settle was unreasonable due to fact that maximum compensation was offered, the prospect of reinstatement remote, and it was unclear what contractual rights the applicant had – mere fact that applicant unsuccessful in establishing he was dismissed does not mean his non-acceptance of the offer of settlement was unreasonable [Roy Morgan Research Ltd v Baker] – Commission held decision to not settle claim was not unreasonable, given that respondent wanted to seek a broader release than that of the existing litigation – Commission unable to determine applicant’s prospects of success with alternative claims not before it – necessary prerequisites for making a cost order not satisfied – application for costs dismissed. Wakeling v Foster Pharmacy P/L t/a Foster Pharmacy
July 12, 2016
A second Townsville university will offer an on-campus nursing degree with CQU announcing plans to hold the course next year. The new course will start from term 1, 2017 after strong demand from prospective students inquiring about on-campus nursing degrees.
July 12, 2016
Southern Cross Health Society is looking for a new chief executive after the resignation of Peter Tynan. He will to remain in charge until a successor is found, which is expected to be by December.
