TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed for serious misconduct – applicant accused another work colleague of damaging partner’s vehicle without evidence – also sent offensive and threatening text messages and Facebook posts in response to partner’s damaged vehicle – breached terms of enterprise agreement, and social media, bullying and harassment policies – applicant claimed no training on policies and showed no contrition for actions – Commission found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Natoli v Anglican Community Services t/a Anglicare
May 28, 2018
TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 384, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected on the grounds that applicant had not met the minimum employment period – dispute about correct commencement date – 31 July 2017 or 2 August 2017 – whether periods of unpaid leave to be excluded for the purposes of continuous service – applicant was not paid and did not seek leave during the period of 31 July 2017 to 1 August 2017 – Commission found applicant commenced work on 2 August 2017 – applicant not protected from unfair dismissal – application dismissed. Cammarere v Aboriginal Elders and Community Care Services t/a Aboriginal Community Services
May 28, 2018
A 95-year-old man has been arrested on suspicion of murder after his female carer died when she suffered head injuries. It is thought that her injuries were sustained at a residential address where she was working as a carer. The 95-year-old has been taken to hospital as a precaution due to a pre-existing condition where he will remain pending transfer to a location where his complex health and care needs can be managed. Reports have emerged that he was suffering from dementia. Police have bailed him while enquiries continue.
May 28, 2018
Excelcare Australia Limited is facing a s.739 (Application to deal with a dispute) in front of Fair Work Commissioner Booth in his Brisbane chambers (Millar).
May 28, 2018
A s.739 (Application to deal with a dispute) lodged by Mrs Inna Grabovsky against United Protestant Association of NSW Ltd T/A UPA is in trouble. Commissioner Johns in Melbourne on 24 may 2018 gave UPA consent to lawyer up.
May 28, 2018
An application by Australian Nursing and Midwifery Federation (s.240 – Application to deal with a bargaining dispute) will be sitting on the desk of Commissioner Wilson in Court 12 and Conference Room A – Level 5 at 10am in Melbourne.
May 28, 2018
A s.185 (Application for approval of a single-enterprise agreement) from United Protestant Association of NSW Limited T/A UPA is bogged down with concerns expressed by Fair Work Commissioner Johns in Melbourne on 24 May 2018. Lawyers have now been admitted to the process.
May 28, 2018
An application by Victorian Hospitals’ Industrial Association (s.240 – Application to deal with a bargaining dispute) is the jurisdictional preserve of Fair Work Commissioner Cribb in Conference Room E and Conference Room F – Level 6 in Melbourne.
