Grace Mazi has failed to convince the Fair Work Commission (FWC) that she was unjustly dismissed from Ozcare despite the FWC finding fault with Ozcare’s investigative procedures.
April 26, 2016
The Fair Work Commission has ratified The Mary Potter Nursing Home and Forrest Centre General Services Employees Enterprise Agreement 2016.
April 26, 2016
Leanna Perris has failed to convince the Fair Work Commission that she be allowed another dollop of time to pursue Quad Services in an unfair dismissal claim.
April 26, 2016
The Fair Work Commission has given its assent to the termination of the Bromilow Home Support Services Collective Agreement 2009.
April 26, 2016
Wendy Oldham has been refused her application to be allowed more time to pursue her unfair dismissal claim against Australian Home Care Services Pty Ltd.
April 26, 2016
The Fair Work Commission in Sydney has agreed to endorse the Back in Motion Health Group Camberwell Enterprise Agreement 2016.
April 26, 2016
TERMINATION OF EMPLOYMENT – misconduct – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – medical practice manager – small business – summary dismissal – allegations of fraud – close personal and professional relationship between applicant and respondent – identification of irregularities in business accounts – Small Business Fair Dismissal Code – whether employer had a belief the applicant was guilty of serious misconduct – whether employer’s belief based on reasonable grounds – ‘show cause’ letter – consistent denial of allegations – independent forensic investigation – Commission found applicant’s explanation not plausible – unnecessary to make findings of misconduct – respondent’s belief that applicant guilty of serious misconduct based on reasonable grounds – found respondent complied with Small Business Fair Dismissal Code – application dismissed. Cox v Doctor Elizabeth Varughese t/a Eve O & G
April 26, 2016
GENERAL PROTECTIONS – jurisdiction – national system employer – ss.338, 365 Fair Work Act 2009 – application to deal with contravention involving dismissal – jurisdictional objection lodged contending that respondent was not a constitutional corporation and Commission lacked jurisdiction to deal with application – Commission to determine whether respondent a trading or financial corporation per s.12 of the FW Act – applicant submitted they were employed by respondent not a subsidiary of respondent, Aspen Healthcare Solutions (AHS) – respondent submitted AHS incorporated in United Kingdom and applicant’s employment contract stated he was employed by AHS – respondent further submitted that email correspondence sent to applicant and deployment pack referred to AHS – Commission found applicant employed by AHS – AHS not a constitutional corporation for the purposes of the FW Act – not a national system employer – application dismissed. Endres v Aspen Medical P/L t/a Aspen Medical
