Monash Health is facing a s.394 – (Application for unfair dismissal remedy) before Commissioner Lee in the Fair Work Commission 11 Exhibition Street in Melbourne (Salih).
July 31, 2020
National Patient Transport Pty Ltd has a s.739 – (Application to deal with a dispute) matter on foot before Commissioner Cirkovic (In Chambers) in Melbourne (Howard).
July 31, 2020
The Health Services Union and Goulburn Valley Health have a s.739 – (Application to deal with a dispute) to resolve before Commissioner Bissett (By Telephone) in Melbourne.
July 31, 2020
A West Hobart retiree is fighting the Hobart City Council in court over a wooden screen she put up on her fence more than three years ago for privacy from her neighbours. Cheryl Ann Lynch appeared in Hobart Magistrates’ Court on Thursday charged with one count of failing to comply with a building order. Appearing without legal representation, Ms Lynch told Magistrate Reg Marron there “isn’t a case to answer for”. “The issue is, I haven’t actually done anything wrong,’’ the 59-year-old former public servant told the court. “It’s really upsetting. My neighbours stand on the side fence and give me hairy eyeballs. I put up a screen [for privacy] and this is the upshot of it all.” The court heard there had been an “ongoing dispute” between Ms Lynch and council about the fence extension. Lawyer Michael Flanagan, appearing on behalf of the Hobart City Council, said Ms Lynch had been served with a notice in March 2018 over the fencing works. “The allegation is not about the fencing work itself, but failing to comply with the building order subsequently issued,’’ he said. Mr Flanagan said the notice instructed Ms Lynch to either remove the fence extension or be made to comply with building standards. He told the court he did not believe the matter could be resolved at court on Thursday and suggested it be listed for a further hearing. The court heard there were three council workers who were witnesses. The fence extension remains up and council this year initiated court proceedings for Ms Lynch’s alleged failure to comply with the notice. Outside court, Ms Lynch said she had paid $20 to buy the extension at a hardware store and could not understand why council continued to pursue the matter. “I feel that the Hobart City Council have the discretion to allow me to have my privacy, and they’ve just got stuck on semantics rather than doing the right thing,’’ she said. “They have spent thousands of dollars pursuing me and it’s just unreasonable. It doesn’t seem logical.” Mr Marron adjourned the matter until September 11 for a contested hearing. The Hobart City Council said numerous efforts had been made to resolve the dispute. “The matter has been ongoing for some time and we have made numerous attempts to resolve the matter, prior to pursuing legal action as a last resort,’’ HCC general manager Nick Heath said. “The matter is now in the hands of the court.
July 30, 2020
A s.225 (application for termination of an enterprise agreement after its nominal expiry date) from Medibank Private Limited for its Medibank Enterprise Agreement 2016 has been agreed by Commissioner McKinnon in Melbourne on 29 July 2020.
July 30, 2020
A s.604 (appeal of decision) by Linda Merhi against the Commonwealth of Australia, represented by Services Australia (formerly the Department of Human Services) has been rejected by Vice President Hatcher, Deputy President Sams and Deputy President Dean in Sydney on 29 July 2020. “Application for permission to appeal and appeal against a decision of Deputy President Cross in transcript on 14 April 2020 in matter U2020/1579 – unfair dismissal application lodged out of time – whether exceptional circumstances established – incarceration of applicant – lengthy delay – reasons for delay – no exceptional circumstances – originating application dismissed – no arguable case of appealable error – public interest not enlivened – permission to appeal refused.”
July 29, 2020
The former chief investment officer of Escala Partners and JBWere has joined a Melbourne boutique in an investment advisory role. Roux left Escala in August 2019 after six years with the firm, following US-based Focus Financial Partners taking a stake in it in February 2019. She has now joined Conscious Investment Management’s investment advisory committee, alongside Kate Temby who previously worked as Goldman Sachs Asset Management’s Australia Pacific institutional sales and is now a partner at social bond investor Affirmative Investment Management. Conscious is an impact investing boutique distributed by Channel Capital. It was set up late last year by former Goldman Sachs investor Matthew Tominc.
July 29, 2020
A frail, grey-haired elderly lady who requires a mobility device to walk, hobbled into a North Queensland court to plead guilty to her first ever criminal charge – assaulting a police officer. Police prosecutor Bimal Raut, appearing in the Ingham Magistrate’s Court on Thursday, said Ingham woman Telcie Elford, 72, was at an Ingham address that had been visited by police due to concerns occupants of the home had been in breach of COVID-19 restrictions at 6pm on April 7. Mr Raut said Elford, sitting down at a kitchen table, became “aggressive and hostile and raised her fists several times”. He said the victim, who had been asked to leave by the occupants of the home, was warned about her behaviour and was being escorted to the front door. “She has raised her right elbow and struck the officer on the left arm and the rib cage.” Mr Raut said the officer received no lasting injuries but at the time suffered “minor bodily discomfort”. Magistrate Steven Mosch, in a voice raised high enough so the defendant could hear, said “it is very surprising to see a lady of your age in court on a charge of this nature.” “I know,” Elford replied, chuckling. Mr Mosch responded by saying the charge of assaulting a police officer was a very serious offence. He said, however, that the offending appeared to be out of character given her spotless criminal record. “I accept that recording a conviction against you, even at your age, might adversely affect your social wellbeing,” he said. Elford was fined $350. No conviction was recorded.
