Aged-care inspectors have alerted the federal Health Department about a “serious risk” to residents’ safety in four homes, including two run by the Queensland Government.
February 20, 2018
Vangu Kitoko has been refused permission to pursue the race discrimination complaint against Sydney Local Health District (SDHD) and Dr George Lord. At the time of the incident which was the subject of the Complaint Dr Lord was a Visiting Medical Officer at Concord Repatriation General Hospital. Dr Lord died in late 2016, subsequent to the lodgement of the Complaint. Mr Kitoko asserted that Dr Lord refused to provide a copy of a nerve conduction study that was conducted on 16 October 2012. Mr Kitoko also claims that Dr Lord refused to provide “the true results” of the nerve conduction study. Mr Kitoko claimed that one of the reasons Dr Lord did not give him the nerve conduction study results was because of his race. Mr Kitoko alleged that during a consultation Dr Lord said to him: “I do not think anything interesting will be found to help an African to get the Australian money. We are Australians not you guys.” Mr Kitoko claimed that Dr Lord’s alleged comment was made in reference to a compensation claim arising from an injury sustained at a shopping centre. He claimed that Dr Lord conspired with the shopping centre’s insurer to deny him evidence to support his claim. In February 2016, Dr Lord wrote to the ADB denying having made the comment. He told the ADB that Mr Kitoko’s clinical presentation had been addressed in a “thorough and caring manner”. On 26 February 2016 the ADB referred the Complaint to the Tribunal under s 93C(a) of the AD Act, on the basis that the President of the ADB was of the opinion that the Complaint could not be resolved by conciliation. The Tribunal concluded that Mr Kitoko’s complaint was “frivolous, vexatious, misconceived or lacking in substance” and that the conduct he had complained about “if proven, would not disclose a contravention of the provisions of [the AD Act]”. The Tribunal dismissed Mr Kitoko’s complaint.
February 20, 2018
A s.185 (Enterprise Agreement) application from Royal Freemasons Ltd for its Royal Freemasons Residential Aged Care Enterprise Agreement 2017 has been finally approved by Fair Work Commissioner Gregory in Melbourne on 16 February 2018.
February 20, 2018
ANTI-BULLYING – constitutionally-covered business – s.789FC Fair Work Act 2009 – application for an order to stop bullying – jurisdictional objection – the respondent objected on the basis that the application relates to volunteer services performed by the applicant at the Lowood Sub-Branch of the RSL – respondent submitted not a person conducting a business or undertaking and not a constitutionally covered business – Commission found applicant was at work in a constitutionally covered business – jurisdictional objection dismissed – application for an order to stop bullying to be listed for Directions hearing. Ryan v Returned & Services League of Australia (Queensland) (RSL Queensland)
February 20, 2018
TERMINATION OF EMPLOYMENT – costs – ss.400, 604, 611 Fair Work Act 2009 – appeal – Full Bench – unfair dismissal – costs – application of s.400(1) of FW Act – erroneous finding – permission to appeal granted – costs application re-heard – application dismissed. Appeal by Health Services Union-Victoria No. 1 Branch against decision and order of Gooley DP of 28 November 2017 [[2017] FWC 6156] Re: Sanli
February 19, 2018
United Protestant Association of NSW Ltd will defend a s.739 (Application to deal with a dispute) lodged by a staff member (Grabovsky) before Fair Work Commissioner Johns in Hearing Room 11-3 – Level 11 in Sydney at noon.
February 19, 2018
Deakin University Health Services – Warun Ponds will argue the merits of a s.372 (Application to deal with other contravention disputes) before Fair Work Deputy President Clancy in Court 3 and Conference Room B – Level 6 in Melbourne at 2pm (Mazza).
February 19, 2018
Opal Aged Care has appointed Ian Burge as chief operating officer.
