NEWS-HR

Tasmania’s Country Women’s Association (CWA) is alarmed by what it says is a shortage of staff and specialised services in the state’s nursing homes.

Inner East Community Health Service is facing an s.372 (application to deal with other contravention disputes) from an ex-employee (Murray).

An application for approval of the SteriHealth NSW Enterprise Agreement 2015 is before Fair Work Commissioner Roberts in Sydney.

Northern Health is jousting with an ex-employee (Carter).

The Department of Human Services is facing an unfair dismissal claim (Maude).

An enrolled nurse has had her registration cancelled after being found guilty of professional misconduct. Cushla Pim has had her nursing registration cancelled after she borrowed money from a mental health patient. Pim received sums from the patient on 24 occasions ranging from $400 up to $2,500 at a time, altogether totalling $16,100.

An aged care nurse who lied about being unemployed to swindle Centrelink of almost $50,000 will spend three months behind bars for the fraud. Kyle Ann Rooke, 32, claimed she was unemployed when she successfully applied to Centrelink for Newstart payments and Austudy payments between 2008 and 2012. Over the four-year period she was paid $48,852 in welfare benefits despite working as an aged care nurse at Biggera Waters.

Termination of employment – contract for specified term – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent between November 2009 and 23 February 2015 – originally subject to five year fixed term employment contract – at expiration of term in November 2014 applicant continued working in accordance with arrangement before expiry – applicant applied for new position advertised by respondent but was unsuccessful – received written notification on 29 January 2015 that employment would cease on 9 February 2015 – Commission found no variation of employment contract either explicitly or impliedly to the effect that applicant would be employed in advertised position – no entitlement of applicant to advertised position – work performed after expiry of fixed term contract subject to prevailing needs of respondent – valid reason for dismisal a neutral consideration [UES] – because of change in operational requirements, applicant surplus to requirements – fact applicant not given three months’ written notice as required by relevant agreement a matter that should be taken into account – given valid reason a neutral consideration, the absence of the requisite notice lead to a finding of unfair dismissal – Commission satisfied applicant unfairly dismissed – reinstatement inappropriate – compensation appropriate – anticipated period of employment until expiration of notice period under agreement – order issued for payment of compensation of $20,555. Majumdar v Peninsula Healh t/a Frankston Hospital.