NEWS-HR

Scope (Aust) Ltd is facing a s.739 (application to deal with a dispute in relation to flexible working arrangements) in front of Fair Work Deputy President Colman (by telephone) in Melbourne (Singh).

Launceston City Mission is facing a s.394 (application for unfair dismissal remedy) in front of Commissioner Cirkovic by telephone in Melbourne (Garica).

An application for approval of the Star of the Sea Home for the Aged – Aged Care Employees Enterprise Agreement 2020 (s.185 – application for approval of a single-enterprise agreement) will be decided by Fair Work Commissioner Platt in chambers in Adelaide.

A section 437 (application for a protected action ballot order) from the Health Services Union citing Silver Chain Group Limited has been allowed by Fair Work Deputy President Anderson in Adelaide on 28 April 2021.

Bupa HI Pty Ltd has a s.372 (application to deal with other contravention disputes) with which it must deal before Vice President Catanzariti (by telephone) in Sydney (Tynar).

An application by Hands On SA Ltd (Sch. 3, Item 16 – application to terminate collective agreement-based transitional instrument) is the preserve of Fair Work Commissioner Hampton in chambers in Adelaide.

A care worker who was sacked over a post on her Facebook calling Muslims ‘fanatical bigots’ has won a case for unfair dismissal, but has been given no payout. Linda Henderson was sacked after bosses at Ashgill Care Home in Glasgow discovered posts of her social media Muslims should ‘go back to [their] own country’. Other posts on her Facebook said there were ‘no decent honest Muslims’ and that the Scottish Government should focus on jobs for ‘our own kind’. She won her case for unfair dismissal at an employment tribunal after the care home refused to consider a letter from her son claiming he posted the comments Her Facebook page named her employer, and she was found to have breached their social media policy. Ms Henderson admitted to writing the post railing against immigration but denied posting the statement about Muslims, claiming it was written by her son. But managers didn’t believe the claims and Ms Henderson was later sacked. She won her case for unfair dismissal at an employment tribunal after the care home refused to consider a letter from her son claiming he posted the comments. Employment judge Robert King said Ms Henderson’s ‘culpable and blameworthy conduct in breaching the respondent’s social media policy was the sole cause of her dismissal’. He added it was ‘just and equitable to reduce her award by 100 per cent’. The tribunal heard that Ms Henderson began working at the care home in November 2015 as an activities co-ordinator. In January 2019, her manager, Rosemary Jalloh, received an anonymous text which contained screenshots from her Facebook page dating back to September 2014. One post stated: ‘Alex Salmond wants MORE IMMIGRANTS? ‘We can’t feed and support our own kind as it is we don’t NEED more immigrants we need jobs with decent wages for our OWN kind.’ The other read: ‘Why are the ‘SO CALLED DECENT MUSLIMS’ allowing their own kind to cause and create terrorism? ‘The answer is there are no DECENT HONEST MUSLIMS. ‘They are all fanatical bigots and it’s time we stood up to them and tell them THIS IS OUR COUNTRY. ‘IF YOU DON’T LIKE OUR LAWS THEN LEAVE. ‘GO BACK TO YOUR OWN COUNTRY.’ Ms Jalloh saw Ms Henderson had named the care home as her employer on the site and found the posts breached the home’s social media policy. Ms Henderson appealed the decision and offered a letter from her son claiming he had written the post – but bosses refused to consider it as it had been presented too late. Judge King found this was an error and the letter should have been considered.

An elderly man has been committed to stand trial in Townsville over allegations he sexually abused two vulnerable aged-care patients. Police arrested the 73-year-old man at his Hinchinbrook home in March 2020 and he was later charged with sexual assault. Details of the allegations against Michael James Eddleston can be revealed for the first time after Magistrate Peter Smid committed the charges to a higher court on Thursday. Mr Smid said he transferred the matter to be heard in the District Court after a “concession” from Eddleston’s solicitor that there was a “prima facie case” against the 73-year-old. He is charged with a string of six offences including three sexual assault charges and three serious assault of a person over 60. Police said Eddleston’s alleged offending spanned a number of years from late December 2017 to February 2020. At the time of his arrest police said Eddleston allegedly forged predatory friendships with two much older men who were living in two different Hinchinbrook aged-care homes. Eddleston was placed on a fresh bail order.