Justin Webb has been ruled out of time in his unfair dismissal claim against Disability Services Australia Limited.
February 1, 2016
John Perry has won four weeks back pay from Nardy House Inc (NHI). NHI is a not for profit charitable organisation which provides caring services to people aged 0 – 65 with profound physical disabilities. It runs a 12 bed facility in the Bega Shire, with 6 of those beds providing respite care. Mr Perry was represented by Ms Marissa Whitington who is an Industrial Officer of the Australian Municipal, Administrative, Clerical and Services Union, New South Wales and ACT (Services) Branch (ASU).
February 1, 2016
Mr Sharlene Lane has failed to get up her unfair dismissal claim against the trustee of the Society of St Vincent de Paul NSW because she couldn’t’ be bothered attending hearings, thumbed her nose at tribunal directions and generally ‘pissed everyone off’.
February 1, 2016
The Fair Work Commission has sanctioned the Enhanced Lifestyle Inc (Lifestyle Attendants) Enterprise Agreement 2015
February 1, 2016
The Fair Work Commission has approved the Southern Cross Care (WA) Inc. Mental Health Services Bargaining Agreement 2015
February 1, 2016
The Fair Work Commission has rubber stamped the UnitingCare Community Childcare Enterprise Agreement 2015.
February 1, 2016
An anonymous claimant has persuaded the Tasmanian Workers Rehabilitation and Compensation Tribunal that the Dementia and Alzheimer’s Association (TAS) Inc. must pay one of its part time counsellors any claim for panadol and heat packs. The original injury was allegedly triggered by “excessive computer work over a six week period”.
February 1, 2016
Mr Claus-Dieter Hengst has failed in his claim for unfair dismissal. Mr Hengst was a Disability Support Worker and Workplace Health and Safety Advisor for Town & Country Community Options. The employer provides services on a not-for-profit basis to urban and rural communities for people with disabilities such as Down syndrome, cerebral palsy and intellectual disabilities. Mr Hengst had performed his duties (without formal incident) for 18 years, having commenced employment in 1997. On 22 September 2015, Mr Hengst explained that he was interviewing a co-worker, Mr Terry Mears, in relation to an OHS issue. In the course of the meeting, Mr Hengst and Mr Mears discussed an incident which occurred earlier that morning in which Mr Mears had struck a kangaroo in his vehicle. During the closing conversation Mr Hengst enquired of Mr Mears if he required any counselling over the incident. Mr Mears replied, “No”. Mr Mears then added in a jocular manner: “I wasn’t overly concerned for the kangaroo and it’s not like I knew him personally.” With that light-hearted tone allegedly established, Mr Hengst went on to state – in what he seemingly considered to be a jocular fashion in the immediate context: “So you’re ok then? You’re not going to lose the plot and go home and rape your daughter or anything like that?” Mr Mears was said to have laughingly responded to the suggestion made to him by Mr Hengst . The comment and the resulting laughter were overheard by another member of the employer’s staff, Ms Elizabeth Fazakerley. Ms Fazakerley worked in the same office with Mr Hengst and was seated some 2 metres from Mr Hengst . Ms Fazakerley claimed that upon hearing the comment by Mr Hengst she “sharply recoiled” and said: “Claus! That is not appropriate!” When pressed under cross examination, Mr Hengst had no recollection as to whether Ms Fazakerley had so interjected. Ms Fazakerley claimed further that Mr Hengst had “caught her eye” before making the comment in question and had then turned to see her reaction as he said it. Mr Hengst denied having done so.
