An application by The Commissioners of the Presbyterian Church in WA (s.120 – Application to vary redundancy pay for other employment or incapacity to pay) will be determined by Fair Work Commissioner Williams in Hearing Room 12.05 in WA.
May 16, 2016
The Community and Public Sector Union and the Commonwealth of Australia as represented by the Department of Human Services are embroiled in a s.739 (Application to deal with a dispute) before Fair Work Vice President Catanzariti in the ACT.
May 13, 2016
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – respondent a self-funded charity providing short term accommodation and support to victims of domestic violence – applicant employed as Director – reasons for dismissal included alleged bullying and threatening behaviour toward clients, failing to keep accurate case management records and failing to fulfil her role as Director – respondent contended it was a small business employer and the dismissal was consistent with the Small Business Fair Dismissal Code (the Code) – Commission accepted Board’s evidence that conduct of any employee in bullying and harassing clients would give rise to serious and imminent risk to operation of the association and to reputation in the community – found applicant’s conduct sufficiently serious to justify immediate dismissal – found dismissal consistent with the Code – applicant not unfairly dismissed – application dismissed. Killick v Southlakes Refuge Association Inc.
May 13, 2016
TERMINATION OF EMPLOYMENT – casual – minimum employment period – ss.22, 384, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected on basis applicant was casual employee – minimum employment period queried – whether employment was regular and systematic – applicant returned to work after maternity absence – unpaid authorised absence does not break continuous service – regular basis may be constituted by frequent unpredictable engagements [Yaraka Holdings] – systematic basis as ‘work was offered and accepted sufficiently often’ could not be regarded as occasional or irregular [Ponce] – applicant’s employment regular and systematic – served minimum employment period – respondent’s jurisdiction objection dismissed – application may proceed to be heard on its merits. Rann v Gramar P/L t/a Valley View Nursing Home
May 13, 2016
St John Ambulance Australia (NT) Inc is facing a s.394 (Application for unfair dismissal remedy) claim (Guascoine).
May 13, 2016
The Australian Nursing and Midwifery Federation – New South Wales Branch and Riviera Health Pty Ltd are in a s.739 (Application to deal with a dispute) dust-up.
May 13, 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) before Fair Work Commissioner McKenna.
May 13, 2016
Trustees of the Society of St Vincent De Paul are defending a s.372 (Application to deal with other contravention disputes) lodged by Pacelli.
