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 27, 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 26, 2016
Ms Elise Prowse is another today who has failed to convince the Fair Work Commission to be allowed a time extension to have a crack at Central Coast Post School Options Inc T/A Options Disability Support over her dismissal.
April 26, 2016
The Fair Work Commission has decided to ratify the Helping Hand Aged Care Inc Health Professional Collective Workplace Agreement 2016.
April 26, 2016
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.
