NEWS-HR

The Australian Workers’ Union and the Uniting Church in Australia Property Trust (Q) – St Stephens Hospital Maryborough and Hervey Bay will ‘duke’ it out before Fair Work Commissioner Simpson at 11am today.

An application for approval of the Whyalla Aged Care Nursing Employees and ANMF Enterprise Agreement 2015 is to be determined by Fair Work Commissioner Roe in Melbourne.

Julie Raykos has been knocked back over her unfair dismissal claim against the Department of Human Services. Ms Raykos failed to respond to all communications from Fair Work after lodging her complaint.

Kalparrin Community Inc is alleged to have dismissed a staff member unfairly (Hill).

Aged care worker Garry Steven Davis has been committed for trial for murder over the deaths of Gwen Fowler and Ryan Kelly and the attempted murder of Audrey Manuel at the Summit Care Wallsend nursing home in Newcastle in 2013. The court heard his posts to Facebook included one that read: “I hate old people.” He entered no plea and was refused bail.

A major inquiry into Fair Work Vice-President Michael Lawler, who has taken fully paid sick leave for more than nine months since mid-2014, has been delayed after Mr Lawler resumed sick leave and checked himself into a mental health facility. Mr Lawler, the partner of disgraced former Health Services Union boss Kathy Jackson appears to have fallen victim to illnesses similar to those afflicting Ms Jackson as she faced Federal Court deadlines in recent years.

William Bolger has failed to convince the Fair Work Commission to extend the time allowed for him to pursue his claim for unfair dismissal against Austin Health.

TERMINATION OF EMPLOYMENT – genuine redundancy – reinstatement – ss.389, 394 Fair Work Act 2009 – applicant dismissed from position as Individual Transport Manager – respondent argued dismissal was genuine redundancy – respondent had restructured and applicant’s position no longer available – applicant paid 25 weeks’ pay on termination – respondent held honest but incorrect view it had no obligation to consult – at time of dismissal there were positions to which applicant could have been redeployed but these options were not discussed – dismissal not genuine redundancy – considered factors in s.387 of FW Act – valid reason for dismissal as job no longer available – applicant notified of dismissal – applicant had unblemished employment record – size of business and availability of HR specialists did not impact procedures followed – dismissal unfair – reinstatement appropriate – current vacancy existed within respondent which applicant was happy to take – order to maintain continuity of service appropriate – restoration of lost pay not appropriate as applicant has not yet suffered any loss – order issued – applicant to be reinstated within 21 days – parties may make application to Commissioner if they require assistance effecting order. Payne v Lower North Shore Community Transport t/a Lower North Shore Community Transport.