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.
September 8, 2015
Registered Organisations – cancellation of registration – s.30(1)(a) Fair Work (Registered Organisations) Act 2009 – application by Extendewd Care Industry Industrial Secretariat (ECIIS) to cancel registration of the organisation – ECIIS unable, despite attempts, to gain necessary quorum at meetings to enable winding up motion to be put – Commission can on its own motion cancel registration of organisation on application by the organisation, if satisfied it is defunct – no objections made within time prescribed – Commission satisfied that ECIIS defunct – registration cancelled.
September 8, 2015
Families of the victims of Quakers Hill nursing home killer Roger Dean have expressed anger at his bid to appeal against a life jail sentence. The arsonist was ordered in August 2013 to spend the rest of his life behinds bars after pleading guilty to 11 counts of murder and eight charges of recklessly causing grievous bodily harm The 39 year old opted not to appear in the NSW Court of Criminal Appeal today, either in person or on videolink, as his bid to reduce that term was heard before a panel of three justices.
September 8, 2015
Albury Wodonga Health has been granted its s.768BA (application for an order about coverage for transferring employees under a state instrument) by Fair Work Deputy President Hamilton in Melbourne.
September 8, 2015
The solicitor for a man accused of posing as a nurse in Aurukun has raised concerns for his client’s mental state. Nicholas Crawford, 33, was returned to custody in Queensland after he allegedly breached his bail and was found wandering in remote desert in the Northern Territory. He was extradited back to Cairns under police guard, and his case was mentioned briefly in Cairns Magistrates Court. Solicitor Bebe Mellick did not apply for bail on his client’s behalf, but suggested he should be assessed in regards to his mental state. Mr Crawford did not appear in court and the case was adjourned until September 30.
September 8, 2015
An application for approval of the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015 is being heard by Deputy President Hamilton in Melbourne.
September 8, 2015
The Department of Health and Human Services is being haunted by an unfair dismissal claim (Lane).
September 8, 2015
An application for approval of the Carewest Group Pty Ltd as Trustee for the Merange Family Trust (trading as Allanvale Private Nursing Home), ANMF and HSU Enterprise Agreement 2014 is being considered by FWC Deputy President Hamilton in Melbourne.
