A s.394 (Application for unfair dismissal remedy) by Ms Nektaria Natoli against Anglican Community Services t/a Anglicare has been rejected by Fair Work Deputy President Sams in Sydney on 14 May 2018. The case summary reads as follows: Application for an unfair dismissal remedy – dismissal of supervisor at aged care facility – allegations of serious misconduct – breaches of social media and bullying and harassment policies and the Agreement – offensive and threatening text messages and Facebook post sent by the applicant in response to partner’s damaged car – no evidence that recipient of text messages and subject of Facebook post caused the damage to the car – admissions of applicant – assumption of guilt based on earlier incidents – applicant the employee’s supervisor – investigation of allegations – meetings with applicant and Union representative – no contrition or apology – applicant claimed no training on social media policies or bullying and harassment policies – claims of excessive workload not made out – incident not ‘heat of the moment’ in anger – deliberate intention to scare employee – priority on harshness of dismissal – one prior warning now disputed – long period of exemplary service – awards and commendations – valid reason for dismissal – breaches of policies and Agreement – options other than dismissal such as mediation inappropriate – comparable alternative employment – no issues of procedural unfairness – mitigating factors do not outweigh seriousness of the allegations and lack of contrition – dismissal not harsh, unjust or unreasonable – application dismissed. Ms Nektaria Natoli commenced employment with Anglican Community Services on 26 September 2006 at its 123 bed residential aged care facility in Taren Point, New South Wales.
May 16, 2018
Police are investigating an incident that occurred on Thursday morning at a nursing home on Byng Street in Orange after reports a 82-year-old man attempted to take his own life. “We’re investigating an incident at a Byng Street nursing home involving an 82-year-old man and alleged attempts to end his own life,” Central West Police District Detective Inspector Bruce Grassick said. “As a result of that investigation, a 42-year-old male from Minto, who is known to the man, is currently assisting police with inquiries.” Detective Inspector Grassick said the 82-year-old man was being treated for non-life threatening injuries. No charges have been laid, and the investigation is still ongoing.
May 10, 2018
BKV Aged Care is up against a s.394 (Application for unfair dismissal remedy) at 10.15am before Fair Work Deputy President Hamilton in his Melbourne chambers (Hill).
May 10, 2018
Australian Handrails Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) in front of Fair Work Commissioner McKinnon in Court 3 – Level 6 in Melbourne (Galanopoulos).
May 10, 2018
Australian Hearing and Balance Centre has a s.394 (Application for unfair dismissal remedy) to defend before Fair Work Commissioner Johns in his Melbourne chambers (Bailey).
May 10, 2018
A s.185 (Enterprise agreement) application from Edith Bendall Lodge T/A Edith Bendall Lodge Inc for the Edith Bendall Lodge Inc, ANMF and HSU Enterprise Agreement 2017 has been agreed by Fair Work Commissioner Harper-Greenwell in Melbourne on 9 May 2018.
May 10, 2018
A single mother who rorted more than $10,500 from a nursing home has pleaded guilty to stealing property as a clerk in court. Chantelle Burkett, 31, worked at Uralla’s McMaugh Gardens Aged Care Centre from 2016, and was caught out when the accounts manager ran a dip test of petty cash. She appeared at Armidale Local Court on Monday. Often taking clients to appointments in Tamworth and Armidale, Burkett would use petty cash to make purchases for the clients or the facility. The float had $500 to pay for expenses, and on December 5 last year, the accounts manager noticed there was a consistent amount of $500 being taken out and used entirely by Burkett. Defence solicitor Frank Falcomata said his client is a single mother, who used the money to care for her child. “She tells me the reason for her actions is that she had always been a struggling single mother, the father rarely contributes to any bills,” he said. “She regrets her actions, the monies she improperly obtained were for the purchase of clothes and food and she did it over a period of a little more than a year.” Police evidence shows the accounts manager noticed a number of receipts didn’t match with what Burkett was purchasing for the clients. Some of the claims were meant to be $60 and she had put a ‘1’ in front to make the claim $160. Burkett also purchased meat products, a move that is against the council’s operating procedures as meat must be supplied by an approved contractor. When the accounts manager confronted Burkett, she claimed the purchases were for council staff and the facility, but when the other staff members were asked they said Burkett was lying. An audit of the receipts showed Burkett consistently changed the cost amount and pocketed the difference, and when she was confronted with the allegations by staff she admitted taking the money. On December 18, Burkett resigned by email and wrote she knew police would be involved, she might be charged and go to court – and that she knew what she did wasn’t right. The court heard Burkett did not have substance abuse problems, but would have a limited capacity to reimburse the money, owed to Uralla Shire Council. The matter was adjourned to July 2 for sentencing with no bail, Burkett will attempt to pay some of the money in the meantime.
May 10, 2018
A s.185 (Enterprise agreement) application from Mt View Homes Inc for its Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2017 has been approved by Fair Work Commissioner Johns in Sydney on 9 May 2018.
