A s.394 (Unfair dismissal) claim by Noel Giddings against Mallee Accommodation and Support Program has been dismissed by Fair Work Commissioner Bissett in Melbourne on 6 January 2020. “The application form filed by the Applicant in the Commission was incomplete in that a fee waiver form was provided but not signed in accordance with s.395 of the FW Act. Additionally, the Form F2 Unfair dismissal application (Form F2) was signed but not dated. On 28 November 2019 the Commission attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left requesting a dated Form F2 and to provide a fee waiver form that is signed. The Applicant was also advised that the Commission will also send a letter regarding these issues. Later that day the Commission emailed correspondence to the Applicant’s nominated email address requesting the Applicant provide to the Commission a completed Form F2 that has been dated and a completed waiver that is signed. The Applicant was advised that he had 14 days to provide these documents or the matter may be dismissed. On 13 December 2019 the Commission attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left advising that the Form F2 and waiver form were incomplete and requesting the Applicant return the Commission’s call as the application was at risk of being dismissed. On 19 December 2019 the Commission again attempted to contact the Applicant on his nominated mobile telephone number. A voicemail message was left advising the Form F2 still remains undated and that the waiver form needs to be signed. The Applicant was advised that the matter would be referred to a Member of the Commission to make a decision. The Applicant was advised to return the Commission’s call. To date, no response has been received from the Applicant and no completed Form F2 or completed fee waiver form has been filed. Section 587(1) of the FW Act provides: 587 Dismissing applications Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if: (a) the application is not made in accordance with this Act; or (b) the application is frivolous or vexatious; or (c) the application has no reasonable prospects of success. Having regard to the circumstances of this matter, I am satisfied that as the Form F2 was not complete and the application was not accompanied by the fee or completed waiver form prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order 1 to this effect will be issued shortly,” said Commissioner Bissett.
January 13, 2020
An application by Victorian Ambulance Union (s.229 – Application for a bargaining order) falls to Commissioner Bissett in Court 5 – Level 6 and Conference Room D – Level 6 in Melbourne for a prompt adjudication.
January 13, 2020
A devoted Royal Melbourne Hospital nurse who was killed in a tree-fall accident is being remembered as a compassionate and kind-hearted worker who went “miles” out of her way for those in need. More than 200 friends, family and strangers packed St Berndan’s Catholic Church Flemington yesterday to pay tribute to Irish nurse Mary-Ellen Molloy, who died when a gum tree came crashing down on a rideshare vehicle she and two friends were in on Kings Way on November 25.
January 13, 2020
A number of buses filled with the elderly were part of a convey evacuating Corryong last Friday, with 37 elderly residents homed at Yarrawonga Health and Numurkah. Yarrawonga Health Chief Executive Officer Elaine Mallows confirmed Yarrawonga had received a number of residents who had to flee the town for their safety. “I can confirm that Yarrawonga Health is receiving aged care residents evacuated from Corryong,” Ms Mallows said. “Yarrawonga Health has staffed up to manage these extra residents and we are coordinating efforts through the Department of Health & Human Services emergency response systems.
January 13, 2020
An aged care worker is WA’s newest millionaire with a winning Saturday Lotto ticket sold from Newsxpress Whitford City worth almost $1.5 million. The woman in her 30s has admitted she only started playing Lotterywest games in the past few months and her decision was swiftly paying off. “I checked the ticket after work and it said I was a winner,” she said. “It didn’t say how much, so I got the retailer to help me check it. “I was in shock when I got home and I just screamed. Even the dog knows I’m a winner now.” A new house, car and holiday make up her winners list, with plans to continue in her role as a carer for the elderly.
January 13, 2020
A man has been charged with kidnapping after an 83-year-old resident of a Sydney aged care facility allegedly ended up in a Melbourne hospital. The 41-year-old is accused of taking the elderly man, who he knew, from the Sutherland facility on November 20. The victim was denied medical care and found two days later in a Melbourne hospital, police say. The accused man was arrested at Mangrove Mountain, on the NSW Central Coast. He was charged with detaining a person and refusing to provide the necessities of life. He was bailed to appear at Sutherland Local Court on January 15.
January 13, 2020
The Tumut Bupa aged care home was evacuated on Friday, with residents taken by bus to Canberra as bushfires threaten whole towns in the South West Slopes region.
January 13, 2020
A men’s sex health doctor who propositioned a patient on gay dating app Grindr, then made him masturbate during an check-up, has been found guilty of professional misconduct. Patients of doctor Conway Lee complained of being violated after he conducted inappropriate sexualised examinations in which he stroked and massaged their penises and made one man masturbate in front of him. Two weeks earlier, in June 2017, that same man had been forced to keep Dr Lee at bay after the pair met accidentally on dating app Grindr. “A photograph was sent through to me, and I immediately identified this person as Dr Lee,” the man told the Victorian Civil and Administrative Tribunal “I made it known to Dr Lee straight away that I was his patient … his response indicated that he knew who I was. Dr Lee and I had a bit of a laugh about our interaction on Grindr. “However Dr Lee then proceeded to make a couple of flirtatious comments.” The man, who told Dr Lee he was home sick, said the doctor repeatedly offered to visit him at home. “I dismissed Dr Lee’s suggestions, however felt somewhat uncomfortable knowing that he had access to my medical records, which could advise him where I lived. I got the impression that this offer from Dr Lee was quite flirtatious, and was more than strictly medical,” he said. “If it were anyone else on this application making suggestions for a house visit, I would without a doubt assume it was a suggestive invitation for something sexual.” The man said on a subsequent visit to Dr Lee the doctor stroked his penis for five minutes. Dr Lee, whose practice focuses on men’s sexual health and HIV medicine, denied any wrongdoing. The matter will return to VCAT to consider any penalties or reprimands to be imposed on Dr Lee.
