A s.394 (Application for unfair dismissal remedy) by Ms Stephanie Jackson citing Cincotta Discount Chemist Armidale has been refused by Fair Work Commissioner Johns in Melbourne on 13 December 2018.
December 14, 2018
Latrobe Regional Hospital will defend a s.394 (Application for unfair dismissal remedy) in front of Fair Work Commissioner Cirkovic in his Melbourne chambers (Scott).
December 14, 2018
Safe Places Community Services Limited is facing a staff dispute claim in Brisbane (Watson).
December 14, 2018
An application for approval of the St John’s Youth Services Enterprise Agreement 2018 (s.185 – Application for approval of a single-enterprise agreement) will be ruled on by Fair Work Commissioner Platt in his Adelaide chambers today.
December 14, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with an alleged dispute under The UPA NSWNMA and HSU NSW Enterprise Agreement 2014-2017 – applicant assisted by her husband, Mr Grabovsky – UPA is a not for profit operator of residential aged care facilities – between 30 March 2004 and 20 December 2017 the applicant was a part-time care service employee at a UPA facility in NSW – the applicant was classified as Grade II with a Certificate III in Care Support Services – for the last four years of her employment (since 27 August 2013) the applicant was absent from work – on 20 December 2017 (the same date that the present application was filed) the applicant received a letter of termination, dated 14 December 2017, advising that her employment had been terminated – the applicant contended this dispute was about the ‘severe workload’ UPA ‘recklessly imposed’ upon the applicant ‘disregarding the applicant’s health and wellbeing in favour of profit’ – also that the applicant ‘was grossly underpaid’ and that as a result of the ‘severe workload’ the applicant was injured in her employment, resulting in disability – Commission had regard to all of the material put before it – present dispute is one of a number of proceedings that the applicant has commenced against or involving UPA – 16 other applications between 5 March 2014 and 24 September 2018 – in the present matter UPA objected to the Commission exercising power on the ground that the 2014 Agreement does not provide the Commission with power to arbitrate with respect to workloads other than by agreement between the parties; and that UPA did not agree to the arbitration in respect of workload management – applicant asked that the Grievance and Dispute Resolution Procedures clause and the Workload Management clause be declared unlawful – the applicant’s husband, Mr Grabovsky, contended that the legal aspects of the current matter (C2017/7037) were ‘different to previous matters’ – rejected by Commission – claim for underpayment based on a classification dispute – held it was no different to the matter that was before Lawler VP (C2014/3313) – UPA made an application to dismiss the present proceedings, submitting ‘the Proceedings should be dismissed in accordance with the principles of res judicata or issue estoppel and otherwise represents an abuse of process’ – also made an application for an order for costs on the basis that the application (C2017/7037) has been commenced and maintained vexatiously or without reasonable cause – the principle of res judicata arises where a matter has already been decided and it is no longer subject to an appeal – it is intended to provide finality to proceedings so that the same issues are not continually re-litigated – the principle denies a reconsideration of a matter already decided and prevents the making of contradictory judgments, or multiple judgments about the same subject matter or legal issues – having regard to the principles of res judicata the Commission held it was not at large to make decisions that were inconsistent with, or repugnant to decisions and orders made in the same, or substantially the same, matter – Commission held that the question before it was the same as that decided by Booth DP [[2014] FWC 5634] – ‘Does the Commission have the power to arbitrate the workload issue in the absence of the agreement by UPA?’ – the answer then was ‘no’, the answer remains the same today – there cannot be a consideration of the ‘factual and legal dispute of the workload management application’ without the consent of UPA – UPA has not provided its consent – that is the end of the matter – permission to appeal the Booth DP decision was refused [[2014] FWCFB 7533] – Commission satisfied that the principles akin to res judicata ought to be applied and, consequently, the application in C2017/7037, in so far as it is based on a dispute about Workload Management, must be dismissed – application had no reasonable prospects of success – turning to the underpayment claim – Lawler VP found that the applicant’s duties could properly be characterised as involving the assistance and support of residents with medication utilising medication compliance aids, and therefore fell within the prescribed duties for the CSE Grade 2 classification [[2015] FWC 2504] – permission to appeal the Lawler VP decision was refused [[2015] FWCFB 3926] – Commission satisfied that the principles akin to res judicata ought to be applied and, consequently, the application in C2017/7037, in so far as it is based on a dispute about the applicant’s classification, must be dismissed – application had no reasonable prospects of success – as the Commission had decided that the application should be dismissed because it had no reasonable prospects of success it was not necessary to decide the application for interim orders made by Mr Grabovsky – for completeness, Commission observed that had it been required to decide the application for interim orders, the application would have been dismissed – remains outstanding to determine UPA’s application for costs against the applicant – Commission to defer doing so – expected that the applicant will appeal this decision – prudent to await the outcome of any appeal before dealing with the question of costs. Grabovsky v United Protestant Association of NSW Ltd t/t UPA
December 14, 2018
General practice-based pharmacist Dr Chris Freeman has been appointed president of the PSA. Dr Freeman, who has a PhD in pharmacy practice and has served as vice-president since 2016, was the unanimous choice to replace Dr Shane Jackson, who has stepped down for family reasons. Dr Jackson will remain on the PSA board as vice-president and chair of the policy and advocacy committee.
December 14, 2018
A woman employed as a residential aged care home cleaner in Sydney’s west and the Blue Mountains has been charged with stealing more than $100,000 in jewellery from her elderly clients. Police allege the 52-year-old stole a gold and sapphire ring from an 81-year-old woman while she was cleaning the woman’s home in St Clair on Thursday last week. The same day, the woman cleaned a 72-year-old woman’s home at Wentworth Falls, where she allegedly stole further jewellery – a gold, diamond and ruby ring – which was worth in excess of $100,000. Blue Mountains police were notified when the second woman “noticed after [the] cleaning lady had visited she’d been cleaned out, pardon the pun,” Chief Inspector Peter Scheinflug said. Detectives commenced inquiries and were able to identify that the woman in St Clair was also an alleged victim of theft by the same cleaner. Chief Inspector Scheinflug said the cleaner had been employed by a company that specialises in providing assistance to elderly people, and was contracted to do both premises. On Wednesday morning, police alleged the woman pawned a number of stolen items at a shop in Penrith, including the two elderly women’s rings. Later that day, police attended her home in Hebersham and arrested her. She was charged with two counts of larceny relating to the alleged thefts and conditionally bailed to appear at Mount Druitt Local Court on January 16. During a subsequent search of the woman’s home, police located about 50 other items of jewellery suspected to be stolen over a two-year period from unsuspecting elderly clients. Police are now in the process of identifying the owners of these items of jewellery.
December 13, 2018
Pentax Medical Singapore PTE Ltd has a s.394 (Application for unfair dismissal remedy) to defend in front of Deputy President Sams in Hearing Room 14-1 – Level 14 in Sydney (Azizi).
