An application by Frank Whiddon Masonic Homes of New South Wales Pty Ltd (s.318 – Application for an order relating to instruments covering new employer and transferring employees) will be determined by Commissioner Johns Hearing Room 11-4 in Sydney.
February 28, 2020
Warrina Innisfail and Australian Nursing and Midwifery Federation are still working through a s.576(2)(Aa) – Promoting cooperative and productive workplace relations and preventing disputes) before Commissioner Spencer in chambers in Brisbane.
February 28, 2020
A man has been given six months’ home detention for shoving an elderly relative to the ground and putting her in hospital, where she died six days later. Derringer Seth Clarke used both hands to shove 86-year-old Patricia Linburg on December 31, 2018, causing her to fall over and break a femur bone. She required hospitalisation and surgery, but her condition deteriorated and she died on January 6. Clarke was initially charged with manslaughter before this was changed to causing grievous bodily harm with reckless disregard for the victim’s safety. He then pleaded guilty. Justice Mathew Downs in the High Court at Hamilton subsequently sentenced Clarke to six months’ home detention today, saying he was satisfied prison “would be the wrong response”. “The point I wish to emphasise is this: you have been fortunate today. You will not get a second chance,” Downs said. Justice Downs earlier described the facts of the attack as simple but distressing. Clarke had been living in a garage in the family home when on the morning of December 31, he was on a ramp that led to the kitchen. Lindburg, who was the mother of Clarke’s stepfather, then confronted him because he was not allowed inside the house. “She told you repeatedly to leave,” Justice Downs said during the sentencing. “You did not. You belittled her. Mrs Linburg attempted to remove you by pushing and ‘hitting out’,” he said. “You then pushed Mrs Linburg to the chest with both hands. In short, you shoved her.” Lindburg fell to the kitchen floor, breaking her leg and later dying in hospital Justice Downs said that as Clarke had not been charged with manslaughter, he was not criminally responsible for Lindburg’s death. Therefore, he was simply being sentenced for shoving Lindburg to the ground. Justice Downs did not accept Clarke had shown enough remorse to be given a discount in his sentence and also did not accept claims by his lawyers that his “dysfunctional family background” deserved leniency. However, with Clarke being 20 years old he did accept there was a good chance for his rehabilitation and that prison could be a hindrance to this. This was a sentiment accepted by Lindburg’s family and prosecutors, Down said. He also said the level of violence used by Clarke was less than that typically seen for a charge of causing grievous bodily harm. “To be clear, your violence was serious. My point is that it is less serious than is often the case when this offence is charged,” he said. He also gave Clarke a first strike warning, meaning he would not be eligible for parole or early release if he was convicted of any more serious violent offences other than murder. If convicted of murder he would be sentenced to life imprisonment without parole unless this would be “manifestly unjust”.
February 27, 2020
RSL LifeCare Limited has a s.394 (Application for unfair dismissal remedy) to answer before Deputy President Bull in chambers in Sydney (Merryman).
February 27, 2020
A Sunshine Coast woman has pleaded guilty to attempting to dishonestly gain employment for herself as a registered nurse. It’s alleged that Charlotte Emma Price, 30, uttered a forged document at Sippy Downs and attempted fraud at Alexandra Headland between August and September last year. She was charged for the alleged offending on November 7 last year. Ms Price faced Maroochydore Magistrates Court on Wednesday charged with forgery and uttering, uttering a forged document and attempted fraud – dishonestly gain benefit. She pleaded guilty to all three charges. The matters were previously heard by the court in November when lawyer David Crews asked that Ms Price’s bail condition to report to police weekly be removed. Magistrate Rod Madsen refused, saying there were allegations the Australian Health Practitioner Regulation Agency had problems tracking her down to investigate the matter. “If I remember correctly this lady is working as a nurse or something like that and she’s from overseas and she has been working interstate at times,” Mr Madsen said. ” … So it might be the plan to make sure doesn’t get to far away and that people know where she is.” The matter was adjourned to March 26 for sentencing.
February 27, 2020
Mark Moran at Little Bay Pty Ltd has a s.394 (Application for unfair dismissal remedy) to defend before Commissioner Cambridge in Hearing Room 12-1 – Level 12 in Sydney (Arokianathan).
February 26, 2020
A s.185 (Enterprise agreement) application from Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry Private Hospital for its Ramsay Health Care WA Registered Nurses and Midwives Agreement 2019 has been granted by Commissioner Yilmaz in Melbourne on 25 February 2020.
February 26, 2020
A s.185 (Enterprise agreement) application from Andrew Kerr Ltd for the Andrew Kerr Care Ltd., ANMF and HSU Enterprise Agreement 2017 has been granted by Commissioner Yilmaz in Melbourne on 25 February 2020.
