NEWS-HR

The Association of Professional Engineers, Scientists and Managers Australia and Ambulance Victoria are henpecking a s.739 (Application to deal with a dispute) before Fair Work Commissioner Wilson.

St Vincent’s Hospital Melbourne has been served with a s.394 (Application for unfair dismissal remedy) by an ex-staff member (Steele).

A woman who stole a nurse's identity to work in aged care homes for five years put lives at risk, the Adelaide District Court has heard. Jennifer Anne Reed, 65, pleaded guilty last December to seven counts of deception, between 2009 and 2014. In sentencing submissions, the court was told Reed had an extensive history of dishonest behaviour. It heard she stole the name and nursing details of a registered nurse and performed tasks including administering potentially lethal drugs and staff supervision. The court was told Reed had used false names before and previously received merciful court sentences. It heard she recently pleaded guilty to three more dishonesty charges in the Magistrates Court and intimated guilty pleas to 20 similar charges. Prosecutor Kelly Smith said Reed received income of almost $350,000 for work in aged care homes. She said the offending was a gross breach of both her employer's and the community's trust and there had been a potential for grave mistakes given the woman's inadequate qualifications. "Had she not been investigated and exposed, no doubt her deception would have continued, possibly with serious consequences for those who put their trust in her for their care," she said. The prosecutor called for Reed to be jailed when Judge Paul Muscat sentences her next month but defence lawyer Jane Abbey urged any jail term be suspended. She said Reed was living in an aged care facility and on a pension, but willing to pay back whatever she could.

A further eight SA Health staff have been disciplined for inappropriately accessing medical records, a day after it was revealed 13 employees accessed records belonging to the man accused of killing Adelaide Crows coach Phil Walsh.

TERMINATION OF EMPLOYMENT – casual – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – applicant found to have been unfairly dismissed in [2016] FWC 73 – respondent’s grounds of appeal included that Commissioner erred in finding that applicant not a casual employee in denial of procedural fairness and in importing notion of frustration without request by either party and without notice to parties – Full Bench considered principles regarding public interest in GlaxoSmithKline and appeal of discretionary decisions in House v The King – found arguable case of appealable error made out – satisfied Commissioner’s conclusion with respect to applicant’s employment had significance regarding the consideration of other issues for determination – employees’ legal employment status and the dichotomy between casual and part-time employees a matter of general significance – procedural issues raised by appeal grounds concerned justice and fairness – satisfied in the public interest to grant permission to appeal – directions to be issued for filing of submissions in advance of appeal hearing. Appeal by Nardy House against decision of Riordan C of 6 January 2016 [[2016] FWC 73] Re: Perry

The Health Services Union and Austin Health are in middle of a s.739 (Application to deal with a dispute) contretemps before Fair Work Commissioner Cribb who will hear the matter on-site at Austin Health in Heidelberg.

An application for approval of the Brightwater Care Group Employees Agreement 2015 will be determined by Fair Work Commissioner Johns in Melbourne.

St Vincent’s Hospital Melbourne is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-employee (Steele).