NEWS-HR

Ramsay Health Care has a s.394 (Application for unfair dismissal remedy) on foot before Deputy President Clancy in his chambers at 11am (Buksh).

The Health Services Union – New South Wales Branch and Anglican Community Services will argue the merit of a s.739 (Application to deal with a dispute) before Commissioner Riordan On-site Anglicare – St Lukes 4 Lindsay Evans Place Dapto NSW this morning.

Airlie Beach Dental is preparing a defence to a s.394 (Application for unfair dismissal remedy) before Deputy President Asbury in his Brisbane chambers (Fourie).

A s.185 (Enterprise agreement) application by Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern Coalfields Community Care Association (Jacaranda Grove Hostel) Limited; Northern Coalfields Community Care Association (Mountain View Lodge Hostel) Limited; Northern Coalfields Community Care Association (NeighbourCare) Limited; Northern Coalfields Community Care Association Limited T/A Cessnock Home Care and Support Services (AG2018/149) Northern Coalfields Community Care Association Limited and controlled entities enterprise agreement 2017 has been approved by Fair Work Commissioner Saunders in Newcastle on 10 September 2018.

Catholic Healthcare Limited is dealing with a s.372 (Application to deal with other contravention disputes) lodged by Newton and a s.739 (Application to deal with a dispute) before Commissioner Johns in his Sydney chambers (Hickson).

A s.210 (enterprise agreement) variation application by LifeFlight Australia Limited T/A LifeFlight for its LifeFlight Australia Limited Engineering Enterprise Agreement 2016-2020 has been granted by Fair Work Deputy President Gostencnik in Melbourne on 10 September 2018.

An aged care worker charged with assaulting an 82-year-old man living at a Sydney nursing home has appeared in court. Prakash Paudyal, 35, of Hornsby, was arrested on Wednesday last week after the victim’s family set up a hidden camera in the elderly man’s room at the Bupa aged care facility in Seaforth. Mr Paudyal was filmed over a period of four days allegedly assaulting David Nabulsi. Footage released by police shows Mr Paudyal allegedly hitting Mr Nabulsi, who has dementia, with a shoe. There is also footage of Mr Paudyal allegedly shoving and dragging Mr Nabulsi across a bed while Mr Paudyal tries to remove the resident’s clothes. He faced Manly Local Court on Tuesday to face three charges — two counts of domestic violence-related common assault and one count of use an offensive weapon with intent to commit an indictable offence. Police have also applied for an apprehended violence order against Mr Paudyal, on behalf of Mr Nabulsi’s family. Magistrate Chris Longley ordered that Mr Paudyal’s bail be continued. As part of the bail conditions he cannot approach the Bupa facility in Sydney Rd and cannot stalk, harass, threaten or intimidate Mr Nabulsi.

TERMINATION OF EMPLOYMENT – termination at initiative of employer – abandonment – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant commenced period of unpaid sick leave – respondent advised that authorised leave would end and that applicant would need to provide a medical clearance prior to returning to work – two-line medical certificate provided, but respondent did not consider it to be a satisfactory medical clearance – respondent requested further information – no further information provided – applicant dismissed for non-performance of duties arising from his unauthorised absences under s.29(3)(c) of the Public Service Act 1999 (Cth) – Commission satisfied respondent had a valid reason to dismiss applicant – found dismissal not harsh, unjust or unreasonable – application dismissed. Gadzikwa v Australian Government Department of Human Services