Independent Community Living Australia Limited is facing a s.372 (application to deal with other contravention disputes). The matter will be heard by Fair Work Deputy President Sams. The action was precipitated by an ex-employee (Raichman).
October 28, 2015
Judicial determination – issue of worker’s incapacity – claim for ongoing weekly payments and medical expenses – whether worker suffered illness or disorder of the mind – whether employment was a substantial cause – whether injury arose wholly or predominantly from reasonable action taken by the employer in relation to shift rosters – whether incapacity total or partial – whether incapacity resulted from factors involving the worker’s personal circumstances – serious irreconcilable factual conflict between evidence of worker and staff members – credibility issues – found all but one of relevant work related stressors comprise of disqualifying actions – remaining incident of significance causing the worker distress and therefore compensable – rejection of that claim to be set aside – counsel to be heard as to orders that should follow – ss 30A, 32, 35 of Workers Rehabilitation and Compensation Act 1986. Singh v Department for Health & Ageing
October 28, 2015
Peninsula Health is to face an appeal from an ex-employee (Majumdal) against a Fair Work Commission ruling that previously favoured it.
October 28, 2015
The Fair Work Commission has ratified the Nulsen Haven Association Incorporated and United Voice Enterprise Agreement 2015.
October 27, 2015
TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 401 Fair Work Act 2009 – Commission found applicant had been unfairly dismissed and ordered an amount of compensation of $14,249.56 – respondent made an application for orders for costs against both the applicant and his legal representative – application relies on the dealings between the parties prior to arbitration and, in particular, the applicant’s failure to accept settlement offers – Roy Morgan Research Ltd v Baker adopted – Commission rejected the application for costs against the applicant on the basis of there being no unreasonable act or omission on his part in connection with the conduct or continuation of his claim – no evidence that the applicant’s representative encouraged the applicant to continue with his claim after receipt of the settlement offer – application for costs against both the applicant and his legal representative dismissed. Camille v Berala on the Park HR P/L.
October 27, 2015
A former nurse at Maroondah Hospital who sexually and inappropriately touched three patients has been unsuccessful in appealing the charge. Harpreet Singh, 30, was found guilty of professional misconduct during his employment in the hospital’s mental health unit. His registration was disqualified in December last year and he was disqualified from reapplying for 20 months from December 16.
October 27, 2015
The Fair Work Commission has ratified the Chrysalis Support Services Enterprise Agreement 2015.
October 26, 2015
Fair Work Vice-President Michael Lawler’s office has been inviting people to reject him hearing their cases. Mr Lawler’s associate has been sending an email advising parties in cases before him of the controversy surrounding his nine months of sick leave and his relationship with former union whistleblower Kathy Jackson. The email highlights the claims against the judge who oversees workplace disputes. “I have been asked to let you know this: Vice-President Lawler has been subject to extraordinary allegations against him in the Parliament which follow a series of newspaper articles also raising allegations,” the email says. “Do you object to Vice-President Lawler dealing with your matter?” Mr Lawler’s associate confirmed the emails. “For a short time he did instruct me to send these emails,” his associate said. “After consulting with three of his peers he came to the view the position was not warranted and no more contact to parties was made.”
