Lifestyle Solutions (Aust) Ltd is debating a s.372 (Application to deal with other contravention disputes) before Commissioner Booth in his Brisbane chambers at 10am (Collins).
January 9, 2018
Anglican Community Services is set to defend a s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Sams in his Sydney chambers at 11.30 today (Natoli).
January 9, 2018
Sixteen people connected to a rehabilitation centre alleged to be a front for a drug syndicate have faced court following an investigation by Victoria’s corruption busters. In September, the operator of St Paul’s drug rehabilitation centre in Strathmore, Tony Dieni — who has regularly given evidence on behalf of those accused of drug offences — was charged with large-scale drug trafficking. Now his grandson, as well as 15 others, some of them former clients of St Paul’s, have faced court on a host of drug-trafficking and perverting the course of justice charges.
January 9, 2018
The funeral of an elderly woman who died in a nursing home is on hold as her family implores the Coroner to investigate the circumstances of the death. Sue Willimott, of Magill, disputes that her mother Debbie Willimott died of a chest infection, as originally stated on her death certificate after the 87-year-old resident at a privately run suburban nursing home died last Saturday. Ms Willimott has delivered the Coroner’s office photos of a festering wound on her late mother’s leg. And she says the funeral director she has engaged has told her the funeral will have to be delayed in case there is an inquest. The Coroner’s office and the funeral director declined to comment. Debbie Willimott, whose medical conditions included diabetes, had been in the nursing home since May after increasing difficulties living alone in her Ingle Farm unit. Her daughter said she had raised concerns with management about the care of her mother, including events that led to her receiving treatment for pneumonia at the Queen Elizabeth Hospital in October. Ms Willimott claims a care program was not adhered to at the home, and says she had to insist that her mother be taken to hospital in July with slurred speech. Her mother was found to have had a stroke, she said. A major concern for the family is the treatment of a leg wound dating to the middle of the year. The family claims they were not allowed to see the wound being treated by nursing home staff when they visited. “After mum died and I was with her, I took off the bandage and the large wound was black, green and yellow. It was disgusting and so were the bandages,” Ms Willimott said. “I took photos at the time and have taken them to the Coroner’s office and asked them to investigate. “They have told me they will be seeking records from the home, from the Queen Elizabeth Hospital and from the district nurse. The retirement home confirmed the case was under review but declined to comment.
January 9, 2018
A Section 394 (Application for unfair dismissal remedy) by Christopher Patterson against Re-Engage Youth Services Incorporated T/A Re-Engage Youth Services has been determined by Deputy President Anderson in Adelaide on 3 January 2018. The summary is as follows: Application for an unfair dismissal remedy – jurisdictional issue – whether employee resigned or was dismissed – claim of dismissal at employer’s initiative – section 386(1)(a) criteria not made out – claim of forced resignation – meaning of section 386(1)(b) – annual leave request refused – operational basis for refusal – employee resignation made under pressure of difficult choice – real and effective choice exercised – not forced resignation Employer unilaterally paid out and shortened notice period before resignation took effect – whether dismissal at initiative of employer – section 386(1)(a) – employer conduct in substitution of resignation – employee dismissed during notice period – dismissal harsh, unjust and unreasonable – compensation ordered ($1324.15).
January 9, 2018
A s.394 (Unfair dismissal) costs claim by Emma Valenzuela against Spectrum Community Focus Limited T/A Spectrum Community Focus has been refused by Senior Deputy President Hamberger in Sydney on 3 January 2018.
January 9, 2018
A s.185 (Application for approval of a single-enterprise agreement) by The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre has had its Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2017 granted by Commissioner Lee in Melbourne on 3 January 2018.
January 9, 2018
It is common practice for bosses to check out what staff are up to on Facebook — but it cost one Adelaide man his job after his employer busted him at a wedding in India during sick leave. Daniel Smyth lost his unfair dismissal bid against Alwyndor Aged Care in the SA Employment Tribunal, after it found the Hove nursing home was within its right to sack him over the social media posts. In February 2016, Mr Smyth was jailed for 81 days for disqualified driving. He wrote a letter to the then-general manager and told him of his circumstances, seeking leave without pay — which was granted. Mr Smyth was released in May 2016 and a few days later met with Alwyndor HR manager Greg Nankervis, where he was told his employment would recommence on June 8. The tribunal was told that Mr Smyth asked Mr Nankervis if he could start work over a month later so he could go to a wedding in India. But the request was denied. On June 8, Mr Smyth — who suffers from depression and bipolar — provided two sick certificates covering June 8 to July 18, 2016. “The period for the second certificate was for the same period Mr Smyth had sought and been denied annual leave,” tribunal commissioner Paul McMahon said. “During this period of time off, Alwyndor became aware of Facebook posts that indicated Mr Smyth was in India attending the marriage of a relative of his wife.” Alwyndor accused Mr Smyth of misleading them about the reason for his absence and sought an explanation but the employee refused to answer any questions. He was then sacked. The tribunal was told that Mr Smyth had a sick certificate for the two days of his daughter’s baptism in January 2016 — which also followed an unsuccessful leave request. During his evidence, Mr Smyth said the tickets to India were purchased on May 7 and he thought it was a coincidence that his doctor provided him with the same time off. He said he was given an opportunity to explain himself at the meeting with HR but refused. Mr Smyth’s doctor also gave evidence, saying he provided the sick certificates because he believed his patient was depressed following his release from jail. Alwyndor’s then-general manager Travis Hill told the tribunal that he believed Mr Smyth had exaggerated his illness to the doctor to go to India. He said Mr Smyth was arrogant in that final meeting and had a “you can’t touch me” kind of attitude. In his decision, Mr McMahon said there was no dispute that Mr Smyth had a genuine illness in July 2016 but Alwyndor had reasonable grounds to suspect it was being misled. He found Alwyndor would not have fired Mr Smyth had he further discussed his absence with HR.
