NEWS-HR

Luxo Living Administration Pty Ltd has a s.394 (Application for unfair dismissal remedy) to defend in front of Fair Work Deputy President Bull in Chambers in Sydney (Colak).

Seventh Day Adventist Church Aged Care – Retirement Plus has a s.394 (Application for unfair dismissal remedy) with which it must deal before Fair Work Deputy President Asbury in Hearing Room 1 in Brisbane (Cook).

The Australian Nursing and Midwifery Federation and The Corporation of the Synod of the Diocese of Brisbane have a s.739 (Application to deal with a dispute) on foot before Fair Work Commissioner Booth in chambers in Brisbane today.

An application for approval of the Victorian Community Health Sector (Audiologists, Dietitians, Pharmacists & Psychologists) 2018-2021 (s.185 – Application for approval of a multi-enterprise agreement) will be determined by Deputy President Colman in chambers in Melbourne.

Murri Watch Aboriginal and Torres Strait Islander Corporation has a s.372 (Application to deal with other contravention disputes) to defend before Fair Work Deputy President Lake in chambers in Brisbane (Lacey).

A s.394 (unfair dismissal) application launched by Michael Nicholoaou against Ozcare has been tossed out by Fair Work Deputy President Lake in Brisbane on 5 July 2019. “After careful consideration of all the evidence, I have found that there was a valid reason for the dismissal and I am satisfied that the Applicant was afforded procedural fairness in the disciplinary and termination process. “The Applicant did not present a coherent and alternate view of what happened on the evening of 21 December 2018. I found that the Respondent put it well when it summarised the Applicant’s positive evidence as a ‘Game of Thrones’ theory. In short, the Respondent submitted, and I am minded to agree, that the only alternate theory the Applicant provided in response to the weight of evidence against him was that there existed a conspiracy in relation to the termination of his employment. The Applicant submitted that a number of employees stood to benefit if the Applicant was dismissed and they together hatched and contrived a story and then corroborated their evidence, on oath, to see this plan though. I do not find this theory plausible on the consistency and credibility of the Respondent’s witnesses and their evidence that was put to me. My general view is that the Applicant did not present as a reliable witness. He was not direct in answering questions put to him and frequently confused what actually happened with his thoughts and reflections on the matter. This was not helpful for him in constructing the factual basis for his submissions. It is not to say that he did not maintain a genuine belief that the Respondent dismissed him for a non-valid reason. It is to say that this genuine belief was profoundly misguided. I dismiss the application for an unfair dismissal remedy. An order to that effect will be issued with this decision.”

A s.185 (Enterprise agreement) application from the Richmond Fellowship Tasmania Inc T/A Richmond Fellowship Tasmania for its Richmond Fellowship Tasmania Inc Enterprise Agreement 2018 (Social, community, home care and disability services) has been agreed by Fair Work Deputy President Saunders in Newcastle on 5 July 2019.

Victorian woman who pretended to be a nurse has been fined $15,000 plus costs. Brittany Fairthorne was convicted in the Frankston Magistrates’ Court of charges laid by the Australian Health Practitioner Regulation Agency (AHPRA). She was found guilty of holding herself out as a registered nurse and two counts of providing false information to an AHPRA inspector. She pleaded guilty to these offences under the Health Practitioner Regulation National Law. The charges were laid after an AHPRA investigation into allegations that Fairthorne held herself out as a registered nurse and injected a patient with substances which purported to be cosmetic injectables. AHPRA also alleged that, during its investigation, Fairthorne provided false or misleading information and documents to an AHPRA inspector. Fairthorne has never held registration as a nurse under the National Law with the Nursing and Midwifery Board of Australia (NMBA). She was fined a total of $15,000 and ordered to pay AHPRA’s costs in the amount of $13,495.85. Nursing and Midwifery Board of Australia Chair Associate Professor Lynette Cusack said Fairthorne’s conviction highlights the importance of protecting the trust that people place in registered health professionals.