NEWS-HR

Austin Health will argue a s.739 (Application to deal with a dispute) before Fair Work Deputy president Hamilton in Court 3 and Conference Room B – Level 6 in Melbourne (Nunn).

Sennett & Stepping Stone Clubhouse Inc and Others will await a s.604 (Appeal of decisions) being reviewed by the Fair Work Commission Full Bench in Hearing Room 4 in Brisbane today (Bibawi).

The Salvation Army (NSW) Property Trust atf The Social Work said it would defend a s.394 (Application for unfair dismissal remedy set for hearing before Fair Work Commissioner Johns in his Sydney chambers (Moy).

The death of a rural Victorian GP accused of filming and sexually assaulting female patients while examining them has left alleged victims feeling that their chance at justice has been taken away, a lawyer says. Moroney, 69, was found dead in a Wangaratta park this week in what police called “non-suspicious circumstances”. The people he is alleged to have assaulted will now never see him tried for the 25 offences he was charged with, which included touching or penetrating women’s genitals without consent, the digital penetration of a child under 16 who was under his care, and touching women’s breasts in a sexual nature.

A s.185 (Enterprise agreement) application from Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care Australia Pty Ltd for the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2017 has been granted by Fair Work Commissioner Lee sitting in Melbourne on 15 February 2019.

A banned Darwin doctor who had a sexual relationship with a patient and conducted inadequate skin cancer checks has failed in his bid to be allowed to practise again. Wijeneka Liyanage, also known as Dr Aruna Liyanage, has been disqualified for three years by the Medical Board of Australia from applying to practise. He was suspended in 2014 for a “boundary violation” in having a sexual affair with a patient at the Top End Medical Centre who lodged a complaint with the medical watchdog after the relationship ended. He successfully appealed. However, the ban was reinstated when it was found that had since been involved in more unethical behaviour, performing sub-par skin checks on two patients he cleared who were later found by other doctors to need treatment for cancers. He also tried to cover it up from investigators by rewriting his notes to make them more detailed. NT Supreme Court Justice Jenny Blokland rejected Liyanage’s application to appeal, saying there was no basis to his claim that the disqualification from practising was “manifestly excessive”. The fact that he had tried to deceive investigators indicated he did not have “insight into the nature of his conduct”, she said, and a ban was appropriate to protect the community. That there were further instances of misconduct after the sexual affair with the patient made Liyanage’s behaviour more brazen and unethical, Justice Blokland said. “He was almost exclusively motivated by his own interests,” she said. “This throws into doubt whether the applicant will be likely to practice ethically in the future.” The Medical Board had previously found him to have behaved in a way that constituted professional misconduct; and unsatisfactory professional performance with four patients.

A s.185 (Enterprise agreement) application from Healthscope Operations Pty Ltd T/A Healthscope Limited for the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021 has been approved by Fair Work Commissioner Lee in Melbourne on 11 February 2019.

A care worker was found sleeping on two chairs in a staff kitchen at a nursing home while the daughter of a patient was frantically looking for a staff member, a tribunal has heard. The daughter of the patient stated that it was difficult to awaken the care worker in question during her night duty and she found another staff member who promptly got the nurse on duty without delay. The sleeping carer was one of two carers and one nurse tasked with looking after 23 patients during the night duty. The nursing home received a complaint over the care-worker being found asleep on the job. The care assistant had been employed by the nursing home for nine years until her dismissal on June 2nd 2017 arising from the ‘sleep’ incident on May 9th 2017. The care assistant sued for unfair dismissal and a Tribunal has found that the worker was not unfairly dismissed.