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.
January 9, 2018
A teen has watched on as his aged care nursing mother was sentenced to jail after adding more marks to her “lengthy and disturbing” criminal history. Constantly looking back at her son sitting in the gallery of the Maroochydore Magistrates Court, Laura Christine Auld, 39, today pleaded guilty to single counts of drug driving, drink driving, stealing and two counts of disqualified driving. The court heard on July 10, Auld – who was described by Magistrate Matthew McLaughlin as having an “obvious drug problem” – stole groceries from Mt Coolum IGA with two of her sons in tow. When asked by staff to show them her bag, Auld ran away with $50 worth of stock including cosmetics and energy drinks. During a later police interview, she told officers she couldn’t remember the incident. On August 20, Auld was pulled over by police on Amarina Ave, Mooloolaba while disqualified and after drinking three schooners of heavy beer, putting her over the limit. Then, on November 29, she was caught driving disqualified yet again in Marcoola, but this time with methamphetamines in her system. Auld’s licence was disqualified in May last year, after she’d previously had a disqualification lifted in 2013 when she convinced a court she’d turned her life around. Lawyer Lachlan Ygoa-McKeown told the court his client was a single mother and had recently divorced her husband due to his incarceration. Auld was fined $500 and disqualified for six months for each count of drug and drink driving and was further fined $550 for stealing. She was sentenced to three and six months for each count of disqualified driving and banned from driving for another four years. Mr McLaughlin ordered her prison term be suspended after one month, for an operational period of three years. Auld was permitted to hug her son goodbye before she was taken into custody.
January 9, 2018
An occupant is trapped in a vehicle in an accident on Tooloora Rd at Tin Can Bay. The rollover is believe to have occurred at Cooloola Waters Retirement Village and involves a single vehicle.
January 9, 2018
Medication has been stolen from an ambulance while it was out on a job in West Kempsey on the state’s mid north coast. Two ambulances were sent to a job in West Kempsey in the early hours of Sunday and while one was transporting the patient to hospital, the other was broken into, police say. The theft and damage caused to the ambulance are being investigated, while the public is being warned of the dangers of taking medication that hasn’t been prescribed to them by a doctor.
January 8, 2018
Police last night arrested a woman in connection with the alleged abduction of an elderly nursing home resident. Wheelchair-bound Dimitra Pavlopoulou, 97, was located at 9.30pm, almost 10 hours after being allegedly taken from her Clarinda nursing home. Police earlier in the day released security camera footage of a woman wheeling Ms Pavlopoulou, who has dementia, speaks limited English and cannot walk on her own. Her granddaughter, Tina Makarios, had made an emotional plea for her safe return, saying her family did not know who the woman was. Ms Makarios posted on social media: “My giagia is completely disabled from old age. She needs her medication.” Ms Pavlopoulou was found at a Cheltenham property and was taken to hospital as a precaution. A 51-year-old Cheltenham woman has been arrested and was last night being questioned by the police.
January 8, 2018
Welcome to 2018. Today we list all decisions, outcomes, reviews and cases heard or determined in every tribunal since December 21, 2017.
January 8, 2018
A s.185 (Enterprise Agreement) application by Community Housing Canberra Limited for its CHC Enterprise Agreement 2017-2021 has been approved by Commissioner Harper-Greenwell in Melbourne on 5 January 2018.
