NEWS-HR

Community Accommodation and Respite Agency Inc will defend a s.394 (Application for unfair dismissal remedy) before Deputy President Anderson in his Adelaide chambers at 2pm (Van Praet).

The Government of South Australia by the Chief Executive of the Department of Premier and Cabinet for the State of South Australia will defend a (s.773 – Application to deal with an unlawful termination dispute) action lodged by a staffer (Dawes).

Probiotec Pharma Pty Ltd has a (s.739 – Application to deal with a dispute) to defend (Krajina).

Glenview Community Services Inc is set to defend a s.394 (Application for unfair dismissal remedy) lodged by a staffer (Tanner).

Merri Community Health Services will deal with a (s.739 – Application to deal with a dispute) before Deputy President Hamilton in Court 3 & Conference Room B – level 6 in Melbourne at 2.30pm (Stent).

Ruth Hemingway-Frior has got the Western Sydney Local Health District on the hook over her psychological injury. The NSW Workers Compensation Commission is considering a ‘whole person impairment’ claim.

The National Union of Workers has failed to nail Australian Pharmaceutical Industries Ltd T/A Australian Pharmaceutical Industries (API) over a meal allowance claim. Commissioner McKinnon in Melbourne on 26 October 2017 ruled “that meal allowance is not payable under clause 4.4 of the Agreement to employees who can reasonably return home for a meal at any time during a period of work that includes ordinary hours, meal and/or rest breaks and more than one hour of overtime.”

Application for an unfair dismissal remedy – preliminary jurisdictional issue determined – applicant found to be employee – whether dismissal occurred and when – casual employee with continuous service and some expectation of ongoing employment – change to available shifts – dismissal took place within the meaning of the FW Act when advised that no further shifts would be offered – small business fair dismissal code applied but dismissal not consistent – whether dismissal harsh, unjust or unreasonable – valid reason – absence of required procedural steps which led to unfairness – dismissal unreasonable – remedy – compensation determined having regard to all relevant factors including anticipated period of employment and additional income from other employment – order made for Uraidla Physio $2,974 to Mark Mitchell within 14 days.