NEWS-HR

A man and woman have been charged with assaulting three staff members at the Royal Hobart Hospital. Police say the couple was trying to remove a patient from the first floor of the hospital against the advice of medical staff. Police allege the pair then turned on three hospital attendants before being restrained by staff. None of the attendants were seriously injured.

An application for approval of the Good Shepherd Lodge – Nurses Enterprise Agreement 2015 will be determined by Fair Work Commissioner Lee in Melbourne.

Karingal Inc is facing a s.394 (Application for unfair dismissal remedy) initiated by an industrial recidivist (Carroll).

Eastern Health is in an industrial arm-wrestle with a staff member (armstrong) who has taken the altercation into the public arena to raise the odds of a self-satisfying outcome.

TERMINATION OF EMPLOYMENT – valid reason – alleged misconduct – criminal charge – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as disability support co-ordinator – dismissed after charged with production of a dangerous drug – respondent claimed dismissed due to loss of trust and confidence – Commission found no valid reason for dismissal – implicit that respondent believed applicant involved in drug related criminal conduct – Commission not satisfied, on balance of probabilities, that applicant had knowledge of or involvement in production of a dangerous drug – did not accept that on material before it, respondent could have reasonably concluded applicant involved in criminal activity or that applicant dishonest or not forthcoming – applicant complied with requirement to inform respondent of criminal charge to extent could lawfully and reasonably have been required to do so – did not accept that applicant brought respondent into disrepute – long and otherwise unblemished work record – entitled to benefit of the doubt, instead respondent formed adverse view about criminal charge and set out to dismiss – applicant’s quadriplegia heightened adverse consequences of dismissal for personal and economic situation – dismissal harsh due to consequences particularly given disability – unjust as not guilty of misconduct on which respondent acted and decided on inferences not reasonably drawn – applicant unfairly dismissed – reinstatement not appropriate as applicant’s conduct destroyed trust and confidence and applicant no longer met suitability conditions for position – matter to be relisted to address question of compensation. Carrick v Life Without Barriers.

ENTERPRISE BARGAINING – majority support determination – ss.236, 237 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation for majority support determination – employees indicated they wished to commence bargaining with employer – order to conduct postal ballot issued – declaration of results indicated that of the 82 eligible persons on the roll of voters, 32 returned declaration envelopes with 22 voting in favour of bargaining for a new Enterprise Agreement – employer submitted the application be dismissed because it was not established that a majority of employees wanted to bargain – AWU v Laucke Mills applied – Commission not satisfied a majority of employees who would be covered by the agreement wanted to bargain – requirements of s.327 not satisfied – application dismissed – order issued. Australian Nursing and Midwifery Federation.

A record number of nursing graduates has been employed by the Sunshine Coast Hospital and Health Service (SCHHS) for the 2016 Graduate Registered Nurse program. Eighty-two new graduates will join the 12-month program, starting in February 2016. Graduates will be placed on rotation through medical and surgical wards across Nambour, Caloundra and Gympie hospitals as well as Glenbrook Residential Aged Care Facility.

Mansfield District Hospital will be recruiting for a new Chief Executive Officer after the resignation of the current hospital CEO, Marianne Warren, for personal reasons. The CEO of Beechworth Health, Cameron Butler, will be acting CEO at Mansfield pending recruitment for a permanent replacement in early 2016, and will then return to Beechworth once an appointment has been made at Mansfield.