NEWS-HR

TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as an Audit and Risk Manager – dismissed for misconduct due to serious and sustained bullying of staff under his management and breach of the respondent’s policies – applicant submitted that respondent had failed to provide evidence that he had breached their policies and that he did not engage in bullying of staff under his management – Commission accepted applicant’s evidence that he believed he was doing his best by his employer and his staff – also found that he was unaware that the cumulative effect of his conduct and behaviours was one of significant and systematic micromanaging – satisfied that the applicant’s conduct was a breach of the respondent’s policies and constituted a valid reason for his dismissal – applicant further submitted that he was not notified of the reason for his dismissal nor provided an opportunity to respond – Commission considered that there were exhaustive steps taken to allow the applicant to respond to the allegations throughout the investigation – Commission not satisfied that the dismissal was harsh, unjust or unreasonable – application dismissed. Carroll v Karingal Inc

The Department of Health and Human Services is embroiled in a s.739 (Application to deal with a dispute) triggered by a staff member (Morag).

An application for approval of the Chaffey Aged Care Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Commissioner Johns in his Sydney chambers at 13:15 today.

An application by Frank Whiddon Masonic Homes of New South Wales Pty Limited (s.210 – Application for approval of a variation of an enterprise agreement) is being heard by Commissioner McKenna in Hearing Room 12-2-Level 12 in Sydney.

Ozcare is to face a s.604 (Appeal of decisions) lodged by an ex-staffer (Mazi).

The Community and Public Sector Union and the Royal Flying Doctor Service of Australia Central Operations are arguing a s.739 (Application to deal with a dispute) before Fair Work Commissioner Hampton in Hearing Room 6.1 – Level 6 in Adelaide.

Hunter New England Health has ordered an internal investigation and has disciplined staff after a female patient missing from her ward for nearly eight hours was found dead in a toilet just metres from her bed.

The Fair Work Commission has approved the Regis Aged Care NSW Enterprise Agreement 2016.