A woman who complained she was sexually assaulted by a doctor in a West Australian hospital swiftly singled out a different doctor when she was shown photographs of staff, a court has heard. Priyantha Padmike Dayananda is on trial in the District Court of WA, charged with sexual penetration without consent. The woman alleges Dayananda paid her “special attention” when she was in Bunbury Hospital after abdomen surgery in October 2017, visiting her multiple times a day, suggesting they “meet up” and stroking her hair. When she returned in pain in December after a wound from the surgery became infected, she was placed in an emergency department cubicle, where she alleges the offence took place. She told the court Dayananda closed the curtains behind him, saying he saw on a computer she had been admitted, pulled up her dress and bra, and inserted his hand into her underwear, asking a question about her cleanliness “down there”. He allegedly said he still wanted to take her “out”. She said she had to go to the toilet, ran from the hospital “as fast as I possibly could” and took a taxi home. The woman said he phoned her days later, replying “I’m the doctor from Bunbury Hospital” when she asked who he was, but not providing his name. But she recognised his voice and Indian accent, she said, and saved his number in her mobile phone under “sleaziest slyest doctor”. The complainant says he called and texted her numerous times over the next five to six weeks, and she told him she couldn’t speak because she was praying and had gone interstate. When she complained to hospital officer Caitlin Crispin, she was shown photographs of the male doctors and asked to point out who molested her. Defence counsel Simon Watters asked if the complainant selected a Pakistani doctor “pretty well straight away”. “That’s right,” Ms Crispin replied. The complainant was encouraged to have another look and confirmed her choice. Prosecutor Joel Grinceri said she simply made an error and the state would provide evidence proving Dayananda was the offender. Mr Watters said the other doctor was on duty that day and had access to the emergency department. “We say that the wrong doctor has been charged,” he said. The trial continues.
June 6, 2019
A s.185 (Enterprise agreement) application by Clinpath Laboratories Pty Ltd for its The Clinpath Laboratories – Enterprise Agreement 2018 has been ratified by Fair Work Commissioner Wilson in Melbourne, on 4 June 2019.
June 6, 2019
A s.185 (Application for approval of a multi-enterprise agreement) sought by the Victorian Hospitals’ Industrial Association for its Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 has been agreed by Fair Work Deputy President Colman in Melbourne, on 3 June 2019.
June 6, 2019
An item 16 Sch. 3 (Termination of transitional instrument) sought by Oak Valley (Maralinga) Aboriginal Corporation T/A Oak Valley Health & Aged Care Services for the Yalata – Maralinga Health Service Inc. Enterprise Agreement No. 1 of 1998 has been agreed by Fair Work Commissioner Platt in Adelaide on 5 June 2019.
June 5, 2019
A s.185 (Application for approval of a multi-enterprise agreement) from the Victorian Hospitals’ Industrial Association for its Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 has been ratified by Fair Work Deputy President Colman in Melbourne, on 3 June 2019.
June 5, 2019
A s.318 (Application for an order relating to instruments covering new employer and transferring employees) and a s.319 (Application for an order relating to instruments covering new employer and non-transferring employees) lodged by Karingal St Laurence Limited T/A genU have been ratified by Fair Work Deputy President Masson sitting in Melbourne, on 31 May 2019.
June 5, 2019
A s.604—Appeal of decision by Inna Grabovsky citing the United Protestant Association NSW Ltd T/A UPA was heard by Deputy President Gostencnik, Deputy President Colman, and Deputy President Saunders, in Melbourne, on 27 May 2019. The application has been rejected. “In our decision published on 26 March 2019 1 (Decision) we refused Mrs Inna Grabovksy’s application for permission to appeal against a decision of Commissioner Johns dismissing an application made by her under s.739 of the Fair Work Act 2009 (Act). On 15 April 2019 Mr Igor Grabovsky filed an application by Mrs Grabovksy under s.602 of the Act seeking that we correct various purported ‘obvious errors, defects or irregularities’ in our Decision. We gave United Protestant Association NSW Ltd an opportunity to express its view on the application if it wished to do so. It did not respond. In a document of 71 pages in length, Mr Grabovsky sets out the purported errors that he says should be corrected, the effect of which would result in the removal of 12 of the 30 paragraphs of the Decision. As should be clear from the terms of s.602 and as the Explanatory Memorandum to the Fair Work Bill 2008 makes clear, s.602 is intended to be a statutory analogue for the ‘slip rule’ used by superior courts to correct certain errors in orders. 2 We do not consider the Decision to be affected by any obvious errors, defects or irregularities amenable to correction under s.602 of the Act. The application is therefore dismissed. If Mrs Grabovksy is aggrieved by the Decision or by this decision she may seek judicial review in the Federal Court of Australia. We do not propose to engage further with Mrs Grabovsky or Mr Grabovksy about either decision.”
June 5, 2019
Queensland Indigenous Family Violence Legal Services (QIFVLS) Aboriginal Corporation (“QIFVLS”) will debate a s.394 (Application for unfair dismissal remedy) before Fair Work Commissioner Spencer in Chambers in Brisbane (Freeman).
