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.
April 12, 2016
The removal of enrolled nurses from two Adelaide residential aged care homes could put patients’ lives at risk, the Australian Nursing and Midwifery Federation (ANMF) says. ANMF South Australian branch chief executive officer Elizabeth Dabars said aged care provider Allity had sacked about 30 enrolled nurses from its Morphettville and Walkerville sites.
