NEWS-HR

Nhulunbuy Corporation has a s.394 (Application for unfair dismissal remedy) with which it must deal before Vice President Catanzariti in his Sydney chambers (Page).

The Health Services Union – New South Wales Branch and Anglican Community Services have a s.739 (Application to deal with a dispute) matter in the court of Vice President Catanzariti (9am).

The Royal Children’s Hospital and Victorian Allied Health Professionals Association (VAHPA) are set to appear before Commissioner Cribb at 2pm in Melbourne.

The Australian Government Department of Human Services is facing a s.394 (Application for unfair dismissal remedy) claim in front of Deputy President Colman in his Melbourne chambers (Gadzikwa).

There have been four suspected suicides in the past two years at aged residential care facilities in the Bay of Plenty – three in the Western Bay and one in the Eastern Bay. The four residential care facility residents suspected of taking their own lives were all over the age of 65. Three of the deaths occurred between July 1, 2016–June 30, 2017, and one was between July 1, 2017–June 30, 2018. All four were suspected suicides as official confirmation was subject to a coronial process.

TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a trainee health professional tasked with conducting weekly men’s support groups addressing domestic violence and health issues in the Aboriginal community – applicant assaulted his own partner outside work hours – arrested and charged by Victoria Police with intentionally causing injury – applicant summarily dismissed after the incident – applicant contested fairness of dismissal as incident took place outside hours and applicant was affected by alcohol and medication – Commission found that applicant’s behaviour was ‘fundamentally antithetical to his role’ – applicant found to have breached code of conduct – valid reason for dismissal – application dismissed. Hunt v Coomealla Health Aboriginal Corporation

TRANSFER OF BUSINESS – enterprise agreement – ss.319, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission refused an application for orders that the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016 cover non-transferring employees of Bolton Clarke who perform ‘transferring work’ in the state of Victoria – permission to appeal – no Full Bench authority on point – public interest test met – permission to appeal granted – Full Bench found the Commission’s reliance on irrelevant matter of lost tenders an error of the kind in House v R – appeal upheld – decision at first instance quashed – application for orders referred to Wilson C for rehearing. Appeal by Australian Nursing and Midwifery Federation against decision of Hamilton DP of 22 February 2018 [[2018] FWC 776] Re: RSL Care RDNS Ltd t/a Bolton Clarke

A judge has revealed a fake gynaecologist, who practised IVF in Melbourne with false Italian medical qualifications, escaped imprisonment in Rome by lying to a court that he was a doctor in Australia. During a lengthy sentencing in the County Court on Thursday, Judge Bill Stuart said the offending of Raffaele Di Paolo, who fleeced aspiring parents and falsely told women they were pregnant, was “gross”, “brutal” and “profound”. The 61-year-old used documents falsified in Italy to steal a combined $385,000 from 23 would-be-parents in a decade-long scam. The court heard he narrowly avoided four months’ jail in Italy in 2006, accused of practising medicine without a licence, by lying in court that he was an Australian doctor. “In the mirror image you purported in Australia to being a legally qualified medical practitioner,” Judge Stuart said. “Your capacity for deception in profound.” Di Paolo was found guilty of fraud, indecent assault and sexual penetration charges in April following a County Court trial, during which he denied the allegations. He was either found guilty of, or admitted to, 26 counts of obtaining property by deception, two of attempting to obtain property by deception, five of procuring sexual penetration by fraud, four of indecent assault and 14 of common assault. He also admitted to five counts of practising as a medical specialist when he wasn’t qualified to do so. The charlatan falsely told seven women they were pregnant. Other women had internal investigations performed, underwent ultrasounds, were injected with unknown substances and had blood taken. Men had their testicles examined, including one who had sperm extracted by needle. Judge Stuart told the court Di Paolo faced up to five years’ imprisonment for procuring sexual penetration by fraud, a jail term he called “wholeheartedly inadequate”. The sentencing hearing continues.