Scalabrini Village Ltd is facing a brace of claims (s.739 – Application to deal with a dispute and s.372 – Application to deal with other contravention disputes) before Fair Work Commissioner Johns in Hearing Room 12 – 1 – Level 12 in Sydney at 1.30pm (Stanvic).
December 19, 2018
A s.394 (Application for unfair dismissal remedy) lodged by Regina Hussey citing the Townsville Aboriginal & Islander Health Service has been dismissed by Fair Work Commissioner Spencer in Brisbane on 18 December 2018.
December 19, 2018
An aged care worker has pleaded guilty to assaulting an 82-year-old man with dementia in a Sydney nursing home. Prakash Paudyal was charged with two counts of common assault after the attacks were caught on video between August 26 and September 3 at a Seaforth aged care home. The 36-year-old pleaded guilty to two charges at Manly Local Court today, with magistrate Chris Longley setting a sentence date of January 23. Paudyal will remain on bail until his next court appearance.
December 18, 2018
A s.185 (Enterprise agreement) application from The Hospitals Contribution Fund of Australia Ltd T/A HCF for the HCF Enterprise Agreement July 2018 has been granted by Fair Work Commissioner McKenna in Sydney on 17 December 2018.
December 18, 2018
A former Melbourne aged-care nurse barred from re-registering after being caught with 46,000 child porn images and videos says he has “never done anything bad to anyone”. Police were called when two computers James Hutchinson pawned at a Frankston Cash Converters were not redeemed. Staff began to prepare the computers for sale and found none of the contents had been deleted, including Hutchinson’s child porn stash. While he was charged in September 2014, he wasn’t convicted until late 2016 because of the time it took police to trawl through and categorise the 46,000 files on various devices. The images and videos were downloaded between January 2012 and July 2014, while Hutchinson was working as a nurse in an aged care ward of a public hospital. He failed to let the Nursing and Midwifery Board of Australia know about the charges. The Victorian Civil and Administrative Tribunal ruled this month that because of the conviction, Hutchinson was disqualified from applying to be a registered nurse for six years. VCAT members Elisabeth Wentworth, Mary Archibald and Marietta Bylhouwer said in their written decision Hutchinson should serve a longer disqualification because of the sheer volume of images and their categories. “Hutchinson has not demonstrated an understanding of the reason why possessing child pornography is treated as such a serious offence,” they wrote. “It is, frankly, abhorrent that a member of the nursing profession would commit an offence that by its nature implicitly involves the exploitation of vulnerable children.” In emailed submissions to the tribunal, Hutchinson said the banning orders were appropriate but also lashed out at his punishment. “I lost my wife, the house that we owned, my career and my income,” the 53-year-old wrote. “I will die in poverty with no children, having achieved nothing, as I am very effectively blocked of out many things. “I understand that my behaviour was bad, but find that the consequences brought about by others are very destructive to me. “I have never done anything bad to anyone, but I’m blocked from life as though I am a threat to children and everyone else.” Hutchinson also tried and failed, to have the nursing matters suppressed from publication because of “dangers” to his wellbeing. Hutchinson was put on a community corrections order after appealing his criminal sentence in the County Court in May 2017 and will be a registered sex offender until September 2024.
December 18, 2018
A s.185 (Enterprise agreement) application from TerryWhite Chemmart Pty Ltd T/A TerryWhite Chemmart for the TerryWhite Chemmart Warehouse agreements 2918 has been approved by Fair Work Deputy President Colman in Melbourne on 17 December 2018.
December 18, 2018
An s.394 (Application for unfair dismissal remedy) from Glenda Noble against Community Accommodation & Respite Agency Inc T/A Cara has been rejected by Fair Work Commissioner Hampton in Adelaide on 17 December 2018. The case summary reads: Application for an unfair dismissal remedy – alleged conflict of interest given secondary employment – whether permission required and/or given – whether valid reason for dismissal – whether dismissal harsh – whether failure to provide full details associated with the allegations means that dismissal unreasonable – conflict of interest found – permission required under policy and via verbal instruction – permission not sought – valid reason found – reservations about process but not such as to deny applicant an opportunity to respond to substantial allegations – reasonable opportunity also given to acknowledge issues and to remove conflict but not taken – dismissal not harsh, unjust or unreasonable – application dismissed.
December 18, 2018
A s.365 (Application to deal with contraventions involving dismissal) from Jason Cannon citing Quad Services has been dismissed by Commissioner Johns in Sydney on 17 December 2018.
