TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – Commission at first instance found that dismissal was harsh and unjust and ordered reinstatement – matter appealed by Bupa – Full Bench upheld appeal [[2017] FWCFB 3941] – referred application for rehearing on whether Ms Tavassoli was dismissed – termination of employment without overt dismissal – whether provided resignation was legally ineffective – attempt to withdraw resignation – emotional distress – Commission found resignation should not have been accepted in the circumstances – found applicant was dismissed on the employer’s initiative – file to be returned to Full Bench to determine what further Orders should be made. Appeal by Bupa Aged Care Australia P/L t/a Bupa Aged Care Mosman against decision of Riordan C of 18 July 2017 [[2017] FWC 3200] Re: Tavassoli
March 13, 2018
A man has been seriously injured after a trench collapsed on him at a northern beaches’ building site. The plumber was pinned in the trench from the chest down by rocks and soil at a retirement village development under construction in Booralie Rd, Terrey Hills.
March 13, 2018
Community Services Directorate ACT Government will defend a s.739 (Application to deal with a dispute) before Fair Work Deputy President Kovacic in his ACT chambers (Towns).
March 13, 2018
The Fair Work Commission has had to amend a mistake in nine enterprise agreements ratified in the pre-Christmas period. The amended copy of the wage table was intended to fix and error with the alignment of the rights of pay for the classifications relating to “Level 1-3 year degree Health Professionals”. Following approval of the Agreement, it came to the Commission’s attention that the amended copy of the wage table erroneously varied the date of operation of the rates of pay to the “14 September 2017” when it should read “First pay period on or after FWC EA Approval”. The nine entities affected are: Woolgoolga & District Retirement Village Ltd, Christian Brethren Community Services, Kanandah Retirement Limited, Uralba (Carcoar) Inc T/A Uralba Retirement Village, Feros Care, Cooinda Coonabarabran Limited, Illawarra Diggers Aged & Community Care Limited, Bushland Health Group Limited and Garden Village Port Macquarie.
March 13, 2018
TRANSFER OF BUSINESS – enterprise agreement – ss.314, 319 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation that old employer’s agreement cover non-transferring employees performing transferring work for new employer – non-transferring employees otherwise covered by new employer’s agreement – Commission distinguished case from CSIRO as virtually no employee would suffer disadvantage from coverage of old employer’s agreement – considered requirements in s.319(3) of FW Act – found making orders would have negative impact on productivity and negative economic disadvantage – not persuaded in public interest to grant application – application dismissed. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016
March 13, 2018
Allegations a senior doctor at Waikato Hospital sexually harassed and bullied a senior female colleague have been dismissed following an independent investigation. But the doctor has been told to stop his ‘tactile approach’. Waikato Hospital launched an urgent probe into allegations of sexual harassment and bullying in its general medicine department in April 2017. The allegations followed a damning report by the Medical Council of New Zealand, with claims bullying and harassment were under-reported at the hospital. The complaint focused on allegations made by a female senior clinician against a male colleague.
March 13, 2018
A doctor who drugged patients then sexually assaulted them has had his medical licence cancelled. On Friday the New Zealand Health Practitioners Disciplinary Tribunal stripped Dr David Lim of his licence to practice in New Zealand, censuring him and ordering him to pay $4380 in costs. Lim, 42, dosed four men with a sedative then sexually assaulted them by rubbing their genitals.
March 13, 2018
A Christchurch woman has pleaded guilty to multiple counts of fraud, after being involved in a scam that targeted elderly women who lived alone. From September 2015 to January 2016, a group of offenders obtained more than $270,000 from at least 30 victims. The women, aged between 74 and 95, were called and told there was a problem with their power or telephone account and that they owed money. The caller would say it needed to be resolved or else the victim’s power or phone would be cut off. They’d convince the women to hand over their PIN number for their bank card and someone would come and uplift their card. A female would then visit the victim’s address to collect the card.
