Termination of employment – small business employer – minimum employment period – ss.383, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected that minimum employment period not met on the basis respondent was a small business – applicant alleged further employees were employed by respondent, that there were three medical centres within the group – Commission accepted medical centres were associated entities – found doctors not employees – respondent a small business within the meaning of s.23 of FW Act – applicant had not served 12 months service – not protected from unfair dismissal – application dismissed. Heaney v Ocean Reef Medical Centre.
January 29, 2016
Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent alleged applicant failed to report deteriorating health of client she was responsible for – accepted cash payments in private arrangement in breach of policies and procedures – refused to attend meetings in relation to conduct and performance – examination of policies determined to apply to applicant’s employment – respondent took reasonable steps to acquaint applicant with requirements and potential consequences – valid reason generally considered to be whether sound, defensible or well-founded reason for dismissal – where policy both lawful and reasonable and employer has made clear to employees that breach likely to result in termination, then employee who knowingly breaches policy will have difficulty making out argument no valid reason [Kolodjashnij] – Commission found in all circumstances valid reasons for dismissal – where valid reason found for termination amounting to serious misconduct significant mitigating factors need to be present for conclusion of harshness to be open [Parmalat] – Commission did not consider mitigating factors present – found dismissal not unfair – application dismissed. Lawrence v Calvary Home Care Services Ltd t/a Calvary Community Care
January 29, 2016
An application by Mater Health Services (s.240 – application to deal with a bargaining dispute) will be heard by Fair Work Commissioner Simpson in Hearing Room 2 in Brisbane.
January 29, 2016
The Uniting Church in Australia Property Trust (Q) – St Stephens Hospital Maryborough and Hervey Bay is embroiled in a s.739 (application to deal with a dispute) firefight with the Australian Workers’ Union.
January 29, 2016
Allity Management Services Pty Ltd is on the receiving end of a s.739 (application to deal with a dispute) from the ANF.
January 29, 2016
Termination of employment – misconduct – s.394 Fair Work Act 2009 – unfair dismissal application – applicant employed as Clinical Care Coordination and nurse – applicant dismissed with five weeks pay in lieu of notice – respondent stated dismissal based on the numerous written and verbal complaints about applicant manipulating and bullying staff members – applicant received multiple formal warnings – over a long period applicant either unwilling or unable to change in order to ensure the manner in which she interacts with other employees was acceptable – most recent instances demonstrated this pattern of unacceptable interactions was quite likely to continue – Commission found dismissal not harsh, unjust or unreasonable – application dismissed. Anderson v Baptistcare Inc t/a Baptistcare
January 28, 2016
An application for approval of the St Paul’s Lutheran Homes, Hahndorf (Aged Care) Nursing Employees and ANMF Enterprise Agreement 2015 is under review by Fair Work Commissioner Johns in Adelaide.
January 28, 2016
An application for approval of the Bethesda Hospital Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2015 will be considered by Fair Work Commissioner Johns in Sydney.
