Livebetter services Limited has a brace of s.394 (Application for unfair dismissal remedy) matters to debate with Commissioner Spencer in Hearing Room 2 in Brisbane (Brennan/Turner).
January 22, 2020
A magistrate said she was surprised a 90-year-old driver who crashed into two women, causing “horrific” injuries, had a licence. Raymond Oliver Young admitted two counts of careless driving causing grievous bodily harm or bodily harm in Rockingham Magistrate’s Court last week. Police prosecutor Robert Coales said the circumstances were “horrific” for both the victims — a 79-year-old woman and her daughter — and for Young, who had led an “outstanding life” until the incident. He said at 10.43am on March 7, 2019, Young had been driving on Goddard Street but was distracted and swerved to avoid a bus. He crossed the median strip and crashed head-on into a car coming the other way. The older woman was left with spinal injuries and a fractured clavicle. The other occupant of the car, the woman’s daughter, was left with less-serious injuries including deep vein thrombosis, which had “endangered her health but not her life”. Sgt Coales said the case required him to remove his emotions and point out driving was “a privilege and not a right.” He also said there was no clear way to resolve the case due to Young’s age, but suggested a fine would be the most appropriate outcome Young’s lawyer, Melissa Louw, told the court her client would not normally drive and had only done so out of necessity and was now “remorseful”. Magistrate Vivian Edwards said she was pleased to hear that Young had given up his licence. She fined him $6000 plus court costs and disqualified him for driving. There are strict rules around the licensing of drivers aged 80 and over, and even stricter guidelines for those older than 85 including annual medical assessments. Shadow transport minister Libby Mettam said safety on the road was paramount, but it was important to consider all aspects that lead to WA crash statistics. “Research data shows that older drivers do not pose an unacceptable risk on our roads, compared to other factors such as inattention,” she said. She left the door open to reviewing renewal processes if statistics showed it was necessary.
January 22, 2020
The Health Services Union and Monash Health are arguing the merits of a s.739 (Application to deal with a dispute) before Fair Work Commissioner Cirkovic in Court 9 – Level 5 and Court 10 – Level 5 in Melbourne.
January 21, 2020
A s.185 (Enterprise agreement) application from Sundale Ltd for the Sundale Ltd Enterprise Agreement 2018-2021 has been granted by Commissioner Johns in Sydney on 24 December 2019.
January 21, 2020
The Health Services Union and Cranbrook Care Pty Ltd are in a s.739 (Application to deal with a dispute) contest in front of Commissioner Johns in chambers in Sydney.
January 21, 2020
Estia Investments Pty Ltd has a s.394 (Application for unfair dismissal remedy) to defend before Deputy President Anderson in Conference Room 6a – Level 6 in Adelaide (Dixon).
January 21, 2020
Tricare Labrador Aged Care Pty Ltd will argue the merits of a s.365 (Application to deal with contraventions involving dismissal) in front of Deputy President Boyce in chambers in Sydney (Tickle).
January 21, 2020
A Victorian policeman says he genuinely thought he was facing a “suicide by cop” scenario when he repeatedly hit a disability pensioner with a baton and stood on his head during a welfare check. Preston pensioner, John, was also pepper sprayed and hosed down at close range during the ordeal with six police in his front yard in 2017. The incident was sparked after John failed to return a counsellor’s messages while withdrawing from opioid medication. Senior Constable John Edney, one of three officers fighting assault charges, defended hitting John with an extendable baton six times and stepping on his head, as fellow officers restrained him. “I did believe it was a real suicide by cop scenario,” Sen Const Edney told Heidelberg Magistrates Court on Monday. The court has heard paramedics refused to attend John’s address without police escort. Video footage shows John answering a knock by police at his front door that day, urging to be left alone. “I don’t want to f***ing talk,” he screams. “Get off my f***ing property. “If you get the crowbar, you’ll have to shoot me. “I’ve been maced before and nothing happened.” Sen Const Edney said he believed the pensioner posed a real threat. “Part of the reason of going into his house was to check for weapons,” he told prosecutor Diana Manova. “I did believe he was armed.” However, he conceded he didn’t search him or make any reference to him being armed in his incident notes. Footage shows officers pulling the pensioner to the ground and restraining him while Sen Const Edney hits his calf with the baton six times and steps on his head with a pressure he described as “minimal, not much more”. When Ms Manova put to him John offered no resistance, he replied: “I can’t recall”. Sen Const Edney defended his actions as justified and appropriate. His colleagues, Senior Constables Brad McLeod and Florian Hilgart, are also contesting assault charges over the incident. Sen Const McLeod told the court on Monday he had previous dealings with John, who was a known suicide risk – a risk present on that day. The officer said when confronted, John was aggressive and threatening suicide. He came at him with his fist raised but missed the punch. “I was concerned for my safety and safety of other members,” Sen Const McLeod said. He sprayed John with pepper spray to subdue him so he could be arrested but he resisted forcefully. He sprayed him a second time as he was on the ground, telling him “It smells good doesn’t it?” Sen Const McLeod said on Monday he regretted his choice of words. “It wasn’t done with malice, it was a tactical option and a complete and utter poor choice of words,” he said. He defended his use of force as reasonable and necessary, given the potentially volatile situation, which also included John possibly grabbing an officer’s gun during the ordeal. Sen Const McLeod said he considered the operation successful as no one was injured. The hearing continues.
