Calvary Home Care Services Ltd is being accused of dispensing with an employee against accepted convention (Lawrence). Fair Work Commissioner Hampton in Adelaide is adjudicating.
October 9, 2015
Termination of Employment – remedy – compensation – s.394 Fair Work Act 2009 – at first instance Commission found that the applicant had been unfairly dismissed – at that time, Commission unable to determine an amount of compensation due to insufficient material – respondent provided information relating to income likely to have been received – respondent submitted that applicant’s calculations were not supported by proper evidence – respondent further submitted that it should not be held liable for the failure of the applicant to obtain other paid employment, because the applicant had accepted employment where she agreed not to be paid for the first year – Commission satisfied that applicant made reasonable efforts to mitigate loss – Commission found provisional amount of compensation of $57,986.66 – provisional amount reduced to the compensation cap of $36,241.66 – respondent ordered to pay $36,241.66 (gross), less taxation as required by law. Obatoki v Mallee Track Health & Community Services.
October 9, 2015
General Protections – extension of time – s.365 Fair Work Act 2009 – application to deal with contravention involving dismissal – respondent objected on basis application lodged out of time – Commission issued directions for filing material – applicant did not file material in response to extension of time issue – applicant did not respond to respondent’s submissions – no exceptional circumstances demonstrated – general protections application dismissed – jurisdictional objection upheld. Gomez v Eastbrooke Medical Centres P/L t/a Eastbrooke Medical Centres P/L
October 9, 2015
Graham House Community Centre is being challenged by an unfair dismissal claim lodged by an ex-employee (Hebblewhite).
October 9, 2015
An application for approval of the Carers Victoria Agreement 2015 is being determined by Fair Work Commissioner Cribb in Melbourne.
October 9, 2015
The Salvation Army is having its stewardship standards and its reputation shredded at the Royal Commission hearings in Adelaide.
October 8, 2015
UnitingCare Wesley Adelaide Inc just cannot shake free an ex-employee (Ha). This is the fourth day in two weeks this matter has been listed for hearing before Fair Work Deputy President Bartel.
October 8, 2015
Two men fought inside a residential care facility while it was on fire, South Australian police believe. One was taken to the local hospital for treatment, but police said both men had been slightly injured. The damage bill from the fire is estimated at $200,000.
