NEWS-HR

The Australian Nursing and Midwifery Federation has started a fight with Allity Management Services Pty Ltd. The parties have been allocated Fair Work Senior Deputy President O’Callaghan as adjudicator.

Dyslexia Clinics Pty Ltd thinks it has received a notice to defend a s.394 (application for unfair dismissal remedy) from one of its staffers (Healy).

Lend Lease Services Pty Ltd is in a s.394 (application for unfair dismissal remedy) battle with a staff member (Brogan).

Northeast Health Wangaratta & Albury Wodonga Health is facing Fair Work Deputy President Hamilton over a s.739 (application to deal with a dispute) made by an ex-employee (Wellstead).

Careers Australia College of Healthcare Pty Ltd is being challenged by a s.394 (application for unfair dismissal remedy) in the Fair Work Commission (Roiseau).

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).

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

Peninsula Health is to face an appeal from an ex-employee (Majumdal) against a Fair Work Commission ruling that previously favoured it.