Positive Care Solutions Ltd has a s.739 (Application to deal with a dispute) with which it must deal before Fair Work Commissioner Johns in his Sydney chambers (Green).
November 27, 2018
The National Union of Workers and Hospira Australia Pty Ltd have a s.739 (Application to deal with a dispute) listed for hearing by Fair Work Commissioner Cirkovic in the Hervey Bay District Courthouse Cnr Queens Road and Freshwater Street Hervey bay today.
November 27, 2018
The Community and Public Sector Union and Aboriginal Hostels Limited have a s.739 (Application to deal with a dispute) on foot in front of ACT Deputy President Kovacic in Meeting Room 1 in the ACT.
November 27, 2018
Munjuwa Health Housing and Community Aboriginal Corporation is facing a s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Kovacic in his ACT chambers (House).
November 27, 2018
The killer of a disabled gay man, whose decomposing body was found bound and gagged on the ensuite floor of his Mooroobool home, has admitted to causing the death for the first time. Terrence Steven Arthur Barallon pleaded guilty to manslaughter but not guilty to murder in the Cairns Supreme Court this morning. Police went to Robert Duffy’s Dodd St home on February 20 last year to perform a welfare check at the request of his ex-wife who hadn’t been able to reach him for a few days. Outside they noticed a large number of flies at the window of a room which turned out to be Mr Duffy’s ensuite — inside, they found the 62-year-old dead on the floor. “His death was a brutal one,” Crown prosecutor Todd Fuller said. Mr Duffy’s feet were bound with a stereo cord, his hands with a cord from an iron and there was a belt pulled tight around his neck. Yellow twine was also wrapped around his legs, torso and neck. “There was packaging tape wound around his head covering his eyes and a piece of paper tissue found stuffed into his mouth,” Mr Fuller said. The court heard he had skull and rib fractures consistent with crush injuries. Mr Barallon was Mr Duffy’s live-in carer — he’d answered an ad on Gumtree. The court heard that Mr Barallon had told others that he was unhappy living in the home and that Mr Duffy was “sick in the head because he’d come home to find him masturbating to porn with his (Mr Barallon’s) dog inside the house”. The court heard that Mr Barallon had access to Mr Duffy’s three cars and also his bank card. Mr Duffy’s blood was found on Mr Barallon’s shoe. The court heard he told police that Mr Duffy had made sexual advances towards him on a couple of occasions. Defence barrister Josh Trevino, while questioning neighbour Stuart Buchanan, asked if he’d ever noticed any harsh words spoken between Mr Barallon and Mr Duffy. He said, “not really, no”. Mr Fuller said the plea of guilty to manslaughter was the first time Mr Barallon has openly admitted to authorities that he was responsible for the death. “The trial is no longer about who did it, it’s about how and why and what was in (Mr Barallon’s) mind at the time,” he said. Mr Barallon has also pleaded guilty to stealing, fraud and unlawful use of a motor vehicle charges relating to using Mr Duffy’s bank car and vehicles. The trial continues.
November 26, 2018
Asaleo Care will answer a s.739 (Application to deal with a dispute) before Fair Work Commissioner McKinnon in his Melbourne chambers (Fiamengo).
November 26, 2018
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.
November 26, 2018
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
