NEWS-HR

A massage therapist has been permanently banned from touching female clients. Bundoora therapist Charles Michael Dispenzeri is the first masseur in Victoria to be subject to the permanent ban, following major changes last year that brought in a new code of conduct for general service health providers. Mr Dispenzeri, who trades as Massage Australia One and Massage One Supplies, was slapped with the permanent prohibition order on Friday, following a complaint to Victoria’s Health Complaints Commissioner. The order bars him from providing any health service involving physical contact with women, including massage. Commissioner Karen Cusack’s investigation found Mr Dispenzeri breached the code of conduct for general health service providers.

TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – misconduct – ss.388, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant engaged as a casual cleaner at a caravan park – absent from work from November 2017 to February 2018 – applicant’s sister employed to undertake duties – sister witnessed managing director engaging in sexual activity with another cleaner – upon return applicant allegedly told her colleague she was aware of the ‘affair’ – internal investigation conducted – applicant dismissed for making allegations – employer asserted allegations made small working environment untenable – dismissal took immediate effect – conduct not treated by employer as misconduct justifying summary dismissal – dismissal not consistent with Small Business Fair Dismissal Code – Commission found no valid reason – dismissal harsh, unjust and unreasonable – reinstatement not appropriate – compensation of $5,520 ordered. Hall v Sherkaz P/L t/a Country Acres Caravan Park

St John Ambulance Australia (NT) Inc will answer a s.394 (Application for unfair dismissal remedy) in front of Fair Work Commissioner Bissett in the Hearing Room in Darwin today (Sylva).

Gippsland & East Gippsland Aboriginal Cooperative Ltd is still grappling with five s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Hamilton in Court 3 and Conference Room B – Level 6 in Melbourne (Ellis/Finn/Harvey/Oestamann/Patten).

Another application by Health Services Union (s.240 – Application to deal with a bargaining dispute) will also be reviewed by Commissioner Cribb Conference Room E and Conference Room H – Level 6 at the same time.

An application by Health Services Union (s.229 – Application for a bargaining order) will be determined by Commissioner Cribb in Conference Room E and Conference Room H – Level 6 in Melbourne.

A s.185 (Enterprise agreement) application from The Bethanie Group Inc T/A Bethanie for The Bethanie Group Inc “Registered Nurses” (ANMF) Enterprise Agreement 2018 has been granted by Fair Work Deputy-President Beaumont in Perth on 23 November 2018.

The National Union of Workers-General Branch and the Australian Pharmaceutical Industries Ltd are to argue the merits of a s.739 (Application to deal with a dispute) before Fair Work Deputy President Colman in Court 4 and Conference Room C – Level 6 in Melbourne.