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
April 26, 2016
Feros Care Limited is wrestling with a s.739 (Application to deal with a dispute) lodged by a staff member (Heath).
April 26, 2016
Ramsay Health Care Australia Pty Ltd has upset a staffer (Fitzgerald) and faces a s.372 (Application to deal with other contravention disputes).
April 26, 2016
Croft Developments Pty Ltd has been summoned to face a s.365 (Application to deal with contraventions involving dismissal) lodged by an ex-staffer (Tomlinson).
April 26, 2016
National Lifestyle Villages has dispensed with a staff member (Campbell) and now faces a s.394 (Application for unfair dismissal remedy).
April 26, 2016
The Council on the Ageing WA Inc is in the second day of its s.394 (Application for unfair dismissal remedy) battle with cast-off Millar.
April 26, 2016
St John Ambulance Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by a staffer (Gilbert).
