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.
September 27, 2017
A s.185 (Enterprise agreement) application by Ballarat Day Procedure Centre Pty Ltd T/A Ballarat Day Procedure Centre for its Ballarat Day Procedure Enterprise Agreement 2017-2020 has been approved by Commissioner Cirkovic in Melbourne on 26 September 2017.
September 27, 2017
Police have found an elderly couple with dementia who had been missing at New Norfolk in Tasmania’s south. Hazel Pickery, 79, and Gordon Pickery, 83, were last seen at a Woolworths supermarket in the Derwent Valley town shortly before midday on Tuesday. The rescue helicopter spotted them shortly before 9:00am off Glenora Road, just outside of New Norfolk. The couple spent the night about 500 metres down a rough blackberry-covered track on the banks of the River Derwent. Temperatures in the Derwent Valley fell to about minus 1 degree Celsius overnight. They were cold but otherwise relatively well after their ordeal. Ground crews searched throughout the night and police had launched two boats to search the River Derwent. As well as dementia, police said the couple had other medical conditions which required attention. They were reported missing about 8:00pm yesterday after failing to return from a shopping trip. It is understood they live at a retirement village in the area.
