Austin Health is in a scrap with the Health Services Union. The s.739 (application to deal with a dispute) is being assessed by Commissioner Cribb in Melbourne.
October 19, 2015
An application for approval of the St Giles Allied Health Enterprise Agreement 2014 is being mulled over by Fair Work Deputy President Gostencnik in his chambers in Melbourne.
October 16, 2015
TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed on basis of inability to perform inherent requirements of job – commenced employment in April 2004 and suffered back injury at work in July 2013 – workers compensation claim accepted – for the balance of employment, applicant remained on restricted duties involving limitations upon duties undertaken and hours of work – Commission considered J Boag regarding inherent requirements – found decision to dismiss premature – only medical evidence considered conditional, not conclusive – capacity for additional treatment to deal with applicant’s depressive illness and/or pain symptoms not fully explored – proper job analysis of work available to be performed by applicant not done – while there were very real concerns about likelihood of applicant ever returning to full employment and questions about capacity to perform inherent requirements of job, there was insufficient foundation for that proposition based upon the evidence before Commission – fact that the Claims Agent acting for the relevant Workers Compensation authority effectively approved the dismissal cannot substitute for the Commission’s own assessment of the circumstances based upon evidence – no valid reason for dismissal – Commission found dismissal unfair – reinstatement inappropriate – compensation of $3,660 less taxation, and superannuation of $2,434 ordered. Blackburn v ISS Health Services P/L.
October 16, 2015
An application for approval of the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2014 is being considered by Fair Work Commissioner Cribb in Melbourne.
October 16, 2015
An application for approval of the Royal Rehab Lifestyle Support Agreement 2015 is under review via Fair Work Deputy President Booth in Sydney.
October 16, 2015
Churches of Christ in Queensland is being harried by a s.739 (Application to deal with a dispute) launched by an ex-employee (Hodder).
October 16, 2015
Bupa Australia is still to shake off the s.394 (Application for unfair dismissal remedy) launched by an ex-employee (Ross). This is its second listing day and is costing Bupa an out-of-proportion percentage of its annual legal budget.
October 15, 2015
Police have launched a criminal investigation into the alleged abuse of people with autism at one of Australia’s leading disability services. Allegations of criminal acts perpetrated against Autism Australia (Aspect) clients, most of whom cannot talk, were this week referred to Victoria Police.
