TERMINATION OF EMPLOYMENT – misconduct – social media – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant was a frontline Centrelink officer – dismissed after over 21 years’ service for misconduct due to comments made from June 2012 to April 2015 on social media sites Whirlpool and Sportal – Commission noted assessment of whether valid reason for dismissal involved consideration of nature and gravity of conduct having regard to requirements of Public Service Act 1999 (PS Act) and the Department’s policies – will not usually be a valid reason for dismissal for ‘out of hours’ conduct unless conduct falls within circumstances described in Rose v Telstra – however, scope of employer control over private conduct may be greater regarding public servants [McManus] – Commission proceeded on basis that if conduct a non-trivial breach of PS Act or any policy reasonably giving effect to it, then may constitute valid reason for dismissal – Commission found valid reasons for dismissal based on references to Department’s clients being ‘spastics and junkies’ among other terms; comments to effect that large proportion of Newstart exemptions sought on basis of depression not genuine and statements that Department’s processing times ‘utterly disgraceful’, such that applicant ’embarrassed to work there’ – Commission noted various mitigating factors favouring conclusion that dismissal harsh – dismissal disproportionate to gravity of misconduct, given conduct bore no relationship to actual work performance, caused no actual detriment to Department, was engaged in impulsively and comprised a small number of comments over period of years – the length and quality of applicant’s service and his recognition of his conduct’s unacceptability indicated that the conduct would not be repeated – many of the grounds relied upon for dismissal not justified – particularly harsh personal consequences of dismissal – Commission held dismissal harsh, despite valid reasons – applicant unfairly dismissed – reinstatement practicable and appropriate – appropriate to make an order maintaining continuity of employment and period of continuous service – no order for lost remuneration as conduct worthy of significant disciplinary response – financial loss suffered a suitable sanction for conduct. Starr v Department of Human Services
April 12, 2016
TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal remedy – applicant dismissed following three allegations of harassment – no findings made about alleged misconduct – Conciliator recorded matter settled at conciliation conference – recorded that parties agreed to waive cooling off period – applicant contests recorded outcome – notice of discontinuance not filed – application to relist matter for arbitration – whether agreement reached in conciliation – failure to read out, during conciliation, precise wording of terms of agreement reached between parties does not mean concluded agreement was not reached [Zoiti-Licastro] – parties reached agreement on substantial matters and left conciliation with intention of drafting and executing formal document [Curtis] – dismissal application would have no reasonable prospect of success – application dismissed – order to be issued, subject to respondent filing of statutory declaration that Terms of Settlement as agreed have been and will continue to be complied with by respondent. Ropciuc v Australian Red Cross
April 12, 2016
ANTI-BULLYING – likely to continue – s.789FC Fair Work Act 2009 – application for an order to stop bullying – during preliminary conference applicant informed the Commission that she has not been at work since before Christmas 2015, and could not return to work at the respondent in the future, in light of the way she says she has been treated in the past – agreed position of parties that the applicant did not wish to, and would not, return to work at the respondent – respondent submitted that applicant ‘does not intend to return to the workplace’ therefore respondent ‘of the opinion that our employer/employee relationship has ended’ – further submitted that because the applicant was no longer employed the Commission should exercise its discretion under s.587(1)(c) of FW Act to dismiss the application – in light of the agreed position of the parties the Commission found there was no risk the applicant would continue to be bullied at work by any person, or group of persons – application dismissed. Saville v Biripi Aboriginal Corporation Medical Centre and Ors
April 12, 2016
The Fair Work Commission has given its imprimatur to the Canossa Residential Services – QNU Enterprise Agreement 2015-2018.
April 12, 2016
Shane Lyttle and Edward Lee started a shit fight with Illawarra Retirement Trust (IRT) and when the going got tough they simply abandoned their s.739 application. Fair Work Commissioner Cambridge has now formally dismissed their quasi-legal frolic.
April 12, 2016
Jacqueline Broun-Batty has been refused an extension of time to pursue Southern Cross Care (WA) Inc for her alleged unfair dismissal.
April 12, 2016
One remote area nurse has been removed from a community and another is under investigation after it was discovered they were running a racket sourcing and selling junk food for their own profit. A spokesman for the Northern Territory’s Top End Health Service confirmed a nurse was disciplined and transferred from an Arnhem Land community following an investigation into allegations he was selling food products.
April 12, 2016
The Fair Work Commission has given its imprimatur to the Gold Coast Division of General Practice Ltd Collective Agreement 2008.
