The Salvation Army (VIC) Property Trust atf Salvation Army (VIC) Social Work has dismissed an employee (Hornsey) who is now seeking retribution at the Fair Work Commission.
December 10, 2015
Yallambie Traralgon Village for the Aged Inc is in the middle of a s.739 (application to deal with a dispute) altercation with an ex-member of staff (Leighton).
December 10, 2015
Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed due to alleged breaches of respondent Code of Conduct and Values regarding unacceptable behaviour and conduct in the workplace – applicant regularly and repeatedly demonstrated negative, aggressive and hostile behaviours towards colleagues – Commission satisfied there was a valid reason for dismissal based on inappropriate interactions with colleagues – satisfied respondent attempted to manage applicant’s aggressive and threatening behaviour over substantial period of time – applicant had been issued with first and final warning in October 2013 yet continued to exhibit similar behaviour that led to dismissal in December 2014 – that there were no issues with conduct, capacity or work performance in relation to care of residents did not outweigh applicant’s track record of inappropriate and aggressive interactions with colleagues and her refusal to engage in processes to investigate and resolve those issues – respondent conducted detailed investigation and analysis of matters involving applicant and determined applicant should be dismissed – Commission agreed with respondent’s assessment that further show cause process would have been futile – applicant not unfairly dismissed – application dismissed. Woolston v The Uniting Church in Australia Property Trust (Q) t/a Blue Care Bli Bli Aged Care Facility
December 9, 2015
Marie Darragh and Isobella Spencer – both in their 80s – were already dying when nurses checked on them during morning rounds. The St Andrews Village nursing home residents were unconscious, blue, had fixed dilated pupils, and faint pulses. Megan Jean Haines – a former nurse at the retirement facility arrested in Victoria last July – has been charged with two counts of murder. The committal hearing continues before Magistrate Annette Sinclair.
December 9, 2015
The Health Services Union and The Department of Health and Human Services have a s.739 (application to deal with a dispute) before Fair Work Commissioner Cribb in Melbourne.
December 9, 2015
Ambulance Victoria has lanced a staff member (Boyle) and the issue is now to be aired via a s.739 (application to deal with a dispute) before Fair Work Commissioner Cribb in Melbourne.
December 9, 2015
Case procedures – apprehension of bias – s.394 Fair Work Act 2009 – applicant for unfair dismissal remedy made application for recusal of Commission member on ground of apprehended and actual bias – applicant submitted that presence of security at hearing a ground of bias – manner Commission member dealt with applicant’s cross-examination of witnesses constituted interference – asserted differential treatment of applicant and respondent representative and that Commission member allowed respondent representative to abuse applicant – manner Commission dealt with respondent staff on first and last day of hearing inconsistent and further indication of bias – in relation to security presence, Commission found conclusion could reasonably be drawn that Member did not have pre-conceived view about validity of reason for applicant’s dismissal and simply took reasonable precautions to protect Member and Commission staff from applicant who had displayed aggression towards Commission staff and made apparently inflammatory statement about a witness to give evidence in hearing – fair minded lay observer would not apprehend that request for security meant that Member would not bring an impartial mind – Commission did not accept that way in which Member dealt with applicant’s cross-examination of witnesses could be basis for conclusion of bias or reasonable apprehension of bias – Commission did not accept that fair minded, informed observer could reasonably consider that Member failed to intervene to protect applicant from allegedly abusive behaviour by respondent representative, or that any alleged action or inaction by Member could reasonably lead to conclusion of differential treatment – treatment of representatives based entirely on their conduct – found Member made no ruling on the first occasion of respondent staff observers with which to be inconsistent – Commission found no reasonable basis for conclusion that Member had a closed mind or prejudged applicant’s matter, or could not have been swayed by evidence applicant may have put – could not be said that fair minded lay observer might reasonably apprehend that Member might not bring an impartial mind to unfair dismissal application – lay observer would have observed applicant conducting herself in entirely inappropriate manner and failing to take the opportunities given to present case – application for recusal of Member refused. Woolston v The Uniting Church in Australia Property Trust (Q) t/a Blue Care Bli Bli Aged Care Facility
December 9, 2015
An application for approval of the Just Better Care Central Coast Enterprise Agreement 2015 is being reviewed by Fair Work Deputy President Booth.
