NEWS-HR

Westgate Medical Centre will frame its defence to a s.394 (Application for unfair dismissal remedy) to Fair Work Commissioner Bissett in Court 5 * Conference Room D – Level 6 in Melbourne (Gourabi).

Eastern Victoria GP Training Limited will argue a s.365 (Application to deal with contraventions involving dismissal) before Fair Work Deputy President Mansini in his Melbourne chambers (Virag).

A s.185 (Enterprise agreement) application from St Andrew’s Hospital Inc T/A St Andrew’s Hospital for its St Andrew’s Hospital Inc., Nursing Employees & ANMF Enterprise Agreement 2018 has been ratified by Fair Work Commissioner Lee sitting in Melbourne on 8 February 2019.

Michael Mullen has pleaded not guilty to assaulting a nursing home resident in his care. The case against an aged care worker accused of bashing an elderly resident will hinge on the evidence of the alleged victim’s roommate, an Adelaide court has heard. Michael Andrew Mullen is on trial charged with the aggravated assault of 72-year-old Elizabeth Hannaford in November, 2015. Mullen was working a night shift at Southern Cross Care’s Lourdes Valley residential care centre, south of Adelaide, when the alleged attack occurred. Ms Hannaford, who was found with significant bruising and swelling, died several months later. In closing submissions on Thursday, Adelaide Magistrates Court heard Ms Hannaford’s roommate, Meg Rogers, was the only witness to the alleged attack. Prosecutor Patrick Hill said Ms Rogers, who has also since died, told police she heard Mullen bash Ms Hannaford. He said Ms Rogers described to police “escalating tension” between the pair in the lead-up to the incident, after Ms Hannaford repeatedly pulled out the cord to sensor mats around her bed. According to Ms Rogers, Mullen said “there will be bloody consequences if you continue this behaviour” and “you are being silly, stop your crying”. “She could hear the accused’s anger … and she could hear Ms Hannaford crying out in response,” he said. “She describes, in some detail, then hearing what can easily be inferred to be an assault.” While Mr Hill described Ms Rogers’ account as “a very articulate description”, defence counsel Heath Barklay said she gave a number of different versions to police. He raised concern the inconsistencies could not be clarified because she could not be cross-examined. “There are profound problems with Ms Rogers’ reliability and credibility,” he said. “Your honour should give Mr Mullen the benefit of the doubt here and not rely on her evidence to find this charge proven.” Mr Barklay said the medical evidence could exclude the possibility that Ms Hannaford’s injuries were the result of a fall. Magistrate Paul Foley last year ruled Ms Hannaford’s evidence inadmissible because of doubts over her competency at the time, but ruled Ms Rogers’ could be included. He is scheduled to hand down his verdict later this month.

A s.185 (Enterprise agreement) application from Bethesda Hospitals Inc for its Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018 has been ratified by Fair Work Commissioner Bissett sitting in Melbourne on 8 February 2019.

A Gold Coast paramedic will be farewelled today, after he was killed while trying to save a life last week. Craig McCulloch died on January 28 after the ambulance he was driving rolled a number of times before hitting a tree on the Mackay-Eungella Road at Benholme, about 50km west of Mackay. Despite the best efforts of bystanders and responding emergency services crews, who were Mr McCulloch’s colleagues and friends, the 32-year-old died at the scene.

A s.185 (Enterprise agreement) application by Australian Red Cross Society T/A Australian Red Cross Blood Service for the Australian Red Cross Blood Service General Enterprise Agreement Victoria 2017 has been granted by Commissioner Lee sitting in Melbourne on 6 February 2019.

A s.394 (Unfair dismissal) application from Ricky Ohlsen citing Winangakirri Aboriginal Corporation has been refused by Fair Work Commissioner Johns in Sydney on 8 February 2019.