A 57-year-old dementia sufferer accused of attempting to murder his wife will remain in prison indefinitely because a Perth judge believes he may attack her and other members of his family again. Viet Ky Truong has been ruled unfit to ever stand trial over allegations he tried to smother his wife of 20 years with a blanket at the family’s Girrawheen home last July. He then allegedly attacked her with a dumbbell, an axe and a knife. Truong was also accused of trying to hit his teenage daughter with the dumbbell when she tried to intervene in the alleged attack — sparked by the “delusional” belief his wife was being unfaithful. His wife suffered multiple injuries, including a fracture to the head and a laceration to the mouth. The Supreme Court was told Truong had been diagnosed as suffering from dementia, with doctors saying it was progressive, incurable and would eventually lead to him becoming incapacitated. The law currently allows a judge to do only two things when a person is declared unfit to stand trial — to release them unconditionally or to order that they remain in custody. Truong’s lawyer Ian Hope said his client should be released, arguing prison was not the appropriate setting to manage his medical needs.
September 28, 2017
INDUSTRIAL ACTION – termination of protected industrial action – s.424 Fair Work Act 2009 – application by Minister for Industrial Relations for the State of Victoria (the Minister) to terminate industrial action being engaged in by Specialist Diagnostic Services Pty Ltd (t/a Dorevitch Pathology) (Dorevitch); the Health Services Union of Australia (trading as Health Workers Union) (HWU); and the Australian Nursing and Midwifery Federation (ANMF) – background to matter – on 15 June 2017 Commission granted protected action ballot order with respect to members of the HWU employed by Dorevitch Pathology and who would be covered by proposed agreement – proposed industrial action supported by majority in ballot – HWU served notices on Dorevitch Pathology indicating intention to take action in form of 24 hour and 12 hour bans on performance of work throughout August and September 2017 – s.424 of FW Act requires Commission make order suspending or terminating protected industrial action being engaged in or threatened, impending or probable if satisfied that protected industrial action would threaten to endanger life, personal safety or health, or welfare, of population or of part of it or cause significant damage to Australian economy or important part of it – Victorian Hospitals’ Industrial Association considered – regard had to meaning of terms in s.424(1) including reference to ‘welfare’ of the population and concept of endangerment – commonly used words and expressions which are widely understood in community and which should be given their ordinary meaning – conduct that puts person’s physical or mental state at risk of material detriment, or materially hinders or prevents improvement in person’s poor physical or mental state, may qualify as conduct that endangers personal health or safety – impact of conduct must, however, be more than merely to cause inconvenience to persons concerned, it must be such as to expose them to danger – uncontested evidence given for the Minister – Commission satisfied on basis of evidence pathology services are critical component of delivery of health care services to population – also accepted that disruption to pathology services may have adverse impact on general provision of health care services – adverse impact threatened to endanger life, personal safety and health of part of population – satisfied that, should industrial action resume, it would further adversely affect provision of health care services through delays in pathology services in hospitals and through community collection centres – satisfied industrial action a probability – no basis to assume that threat did not exist and such threat would re-emerge should current suspension Order be lifted – satisfied, on basis of evidence, that industrial action would threaten to endanger life, personal safety or health, or welfare of part of population through limitation on availability of pathology services – Order issued. Minister for Industrial Relations for the State of Victoria v Specialist Diagnostic Services P/L t/a Dorevitch Pathology and Ors
September 28, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – three applications for unfair dismissal remedy heard together – Ms Bokori-Mayman, Ms Talarico and Ms Ewels were employed as casual Sales Assistants at the Salvos Stores Sunbury location – each of the applicants were dismissed in January 2017 following a short investigation undertaken by the organisation into the conduct of each, after which it formed the view that each had stolen product from the store – in September 2016 the Salvos Stores Security Coordinator ‘received an anonymous telephone call from a member of the public informing him that a staff member had been observed bringing items out of the Sunbury store and putting them in a car which they then drove off in’ – the respondent responded to the notification by installing video surveillance cameras in the Sunbury store – 15 days of recording was undertaken between 6 December 2016 and 20 December 2016 – footage showed suspicious activity – allegations letter sent to each of the three applicants – opportunity to respond at meeting – applicants employment terminated due to misconduct – after reviewing each of the allegations made against the three applicants the Commission found that Salvos Stores had a valid reason for Ms Talarico’s and Ms Bokori-Mayman’s dismissal – found no valid reason for Ms Ewels’ termination of employment – found Ms Talarico and Ms Bokori-Mayman were not unfairly dismissed – found that Ms Ewels was unfairly dismissed – ordered Salvos Stores to pay to Ms Ewels the total amount of $3,823 taxed according to law – applications by Ms Talarico and Ms Bokori-Mayman dismissed. Bokori-Mayman and Ors v TSA (VIC) Property Trust as Trustee the Salvation Army (Vic) Social Work t/a The Salvation Army Salvo Stores
September 28, 2017
TERMINATION OF EMPLOYMENT – valid reason – casual – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed by respondent since January 2012 as residential care worker – applicant Sudanese refugee who came to Australia in 2002 – respondent dismissed applicant in May 2017 after allegations relating to applicant’s conduct were investigated and found proven – applicant submitted decision to terminate his employment was disproportionate to alleged conduct – multiple incidents of disagreements and heated arguments between applicant and other staff members – Commission satisfied there was valid reason for dismissal – however Commission ruled the dismissal was harsh in its consequences on applicant’s personal and economic situation due to no other significant work history in Australia to rely on for seeking future employment – reinstatement deemed inappropriate – compensation of $6855.42 gross ordered. Okiya v Berry Street Victoria Inc t/a Berry Street Victoria Inc
September 27, 2017
Estia Investments Pty Ltd is facing a brace of (s.739 – Application to deal with a dispute) before Commissioner Johns in his Sydney chambers (Laird/Tamvakis).
September 27, 2017
Lady of Grace Fraternity & Hogarth and Others are seeking ratification of a (s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) application from Senior Deputy President Hamberger in Conference Room 15A – level 15 in Sydney at 2pm.
September 27, 2017
The Australian Nursing and Midwifery Federation and Blue Cross Community and Residential Services Group will debate the efficacy of a s.739 (Application to deal with a dispute) before Commissioner Harper-Greenwell in Court 3 & Conference room B – level 6 in Melbourne at 2pm.
September 27, 2017
Peninsula Village Limited & Evergreen Life Care Limited and Others have a (s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) running today before Deputy President Booth at Evergreen Life Care 22-32 Yallambee Ave West Gosford NSW 2250 at 9.30am.
