Termination of employment – misconduct – ss.394, 400 Fair Work Act 2009 – permission to appeal – Full Bench – appellant sought to appeal decision of Commission at first instance – ground of appeal that appellant did not agree with decision – Commission must not grant permission to appeal unless considers that “in public interest to do so”[Coal & Allied Mining Services] – where matter raises issues of important and general application – where there is diversity of decision at first instance so that guidance from appellant court required – where decision at first instance manifests an injustice or result is counter intuitive – legal principles applied appear disharmonious compared with other recent decisions dealing with similar matters – decision under appeal discretionary in nature – discretionary decisions usually successfully challenged on appeal if it is shown that the discretion was not exercised correctly [House] – must be some error made in exercising discretion – Full Bench found no appealable error alleged – application for permission to appeal dismissed. Appeal by Ha against decision in transcript of Bartel DP 8 October 2015: U2015/7463 Re: UnitingCare Wesley Adelaide Inc t/a Uniting Communities
December 23, 2015
An application for approval of the Carey Community Resources Inc Enterprise Agreement 2015 (s.185 – application for approval of a single-enterprise agreement) is being reviewed by Fair Work Commissioner Gregory in WA.
December 23, 2015
Adelaide Community Healthcare Alliance Incorporated is refuting a s.394 (application for unfair dismissal) lodged in the Fair Work Commission by an ex-staffer (Moroney).
December 23, 2015
Bankrupt union boss Kathy Jackson has been hit with an anti-Santa order. The Federal Court has ordered she pay her former union $1 million in legal costs and fees. Justice Richard Tracey ordered the former head of HSU to pay $554,215.67 interest plus $356,500 in legal costs as well as a further $86,633.81 in costs following a long-running legal battle over her milking the fees of some of the country’s lowest paid workers.
December 23, 2015
A man and a woman went to the Stag and Hunter pub in Newcastle for drinks, had lunch, and went back to her room to “make out”. They were celebrating the woman’s daughter’s upcoming wedding, and over the course of the “wonderful day out” in October 2013, they began to fall in love. They married this year and live together in Queensland. The story sounds like a happy one, but last week the Civil and Administrative Tribunal found it was not ethical for the man to take the woman out for drinks and lunch, and have intimate contact with her because he was an enrolled nurse at the aged care facility she was staying. The tribunal ruled the nurse, who cannot be identified for legal reasons, seriously breached professional boundaries, finding him guilty of professional misconduct. The 51-year-old woman, who uses a wheelchair and needs 24-hour care, was at Mayfield Aged Care facility for respite care, when the nurse took her on an outing on his day off. When they returned to the centre, the nurse told other staff: “We are going to her room to make out.” Staff said the woman appeared to be drunk, and overheard her say they had “too many, but that is our secret”. The nurse admitted undressing her, undressing himself down to his underwear and kissing and cuddling in her bed, telling concerned staff who knocked at her door: “We are busy. Go away.” The police were called, and the nurse was suspended from the centre.
December 23, 2015
The governance of the industrial umpire, Fair Work Commission, needs to be overhauled in the wake of the controversy surrounding its Vice President Michael Lawler, the Productivity Commission believes. It has proposed a new process for the appointment of commissioners and the setting of fixed 10-year terms instead of the present indefinite appointments until retirement age. The Productivity Commission review into the industrial regime has proposed the Fair Work Commission publish more detailed information about conciliation outcomes and for greater scrutiny to be applied to commission members. The proposals follow an extensive investigation into Mr Lawler’s taking of more than nine months’ sick leave on full pay during which time he assisted in the legal defence of his partner, disgraced former union leader Kathy Jackson. President of the industrial umpire Iain Ross informed a Senate hearing earlier this year that he previously warned Mr Lawler that his conduct risked damaging the standing of the Fair Work Commission.
December 23, 2015
Illawarra Retirement Trust (IRT) is facing a s.739 (application to deal with a dispute) lodged by the Health Services Union.
December 23, 2015
An application by Mater Health Services (s.240 – application to deal with a bargaining dispute) is before Fair Work Commissioner Simpson in Brisbane.
