NEWS-HR

TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a theatre nurse – dismissed for serious misconduct for refusing to comply with a lawful and reasonable direction, inability to perform inherent requirements of job, for using inappropriate language in a conversion with HR, and for subsequently lying about the use of inappropriate language – Commission held direction given and maintained was not reasonable, and therefore refusal by applicant to comply with direction not a valid reason for dismissal – Commission not satisfied applicant unfit or unable to perform inherent requirements of role – satisfied applicant’s use of inappropriate language occurred and that it was conduct serious enough to provide a valid reason for dismissal – further satisfied that dishonest denial of the use of inappropriate language also provided a valid reason for dismissal – Commission not satisfied dismissal a disproportionate response to applicant’s conduct – dismissal not unfair – application dismissed. Naicker v Epworth Foundation

GENERAL PROTECTIONS – amendment of application – ss.365, 586 Fair Work Act 2009 – applicant’s employment was terminated while on worker’s compensation – prepared Form F2 application for unfair dismal, but ultimately lodged Form F8A general protections application – applicant was unaware of the legal difference between the claims – during conciliation, issue arose regarding the nature of applicant’s claim – applicant applied to amend application under s.586 of FW Act on the basis of honest mistake – Commission cannot substitute application that fundamentally changes the original claim – Ioannou and Hambridge considered – Commission considered applicant’s intention and substance of claim – satisfied that applicant sought relief on the basis of being terminated while on worker’s compensation – application under s.586 dismissed – applicant required to withdraw original claim and file for unfair dismissal outside 21 day time limit. Longbottom v Oolong Aboriginal Corporation

Health Services Union and Scope (Vic) have a s.739 (Application to deal with a dispute) set for decision before Commissioner Harper-Greenwell in Court 5 & Conference Room D – Level 6 in Melbourne.

A s.185 (Enterprise agreement) application by Armest Pty Ltd T/A Miles Witt Partnership for Bethany Christian Care – Nurses Enterprise Agreement 2017 has been ratified by Commissioner Wilson.

The Uniting Church in Australia Property Trust (Q) is facing a (s.604 – Appeal of decisions) by an ex-employee (Kolobius) before Vice President Hatcher in his Sydney chambers.

Tracey Phillips has had her s.365 application against The Salvation Army (QLD) Property Trust atf The Social Work T/A The Salvation Army knocked back by Deputy President Asbury in Brisbane on 8 November 2017.

Cohealth Limited is defending a s.372 (Application to deal with other contravention disputes) before Commissioner Harper-Greenwell in Melbourne (Hareko-Samios).

Dacumos & Cabral and Monash Health have a s.739 (Application to deal with a dispute) on foot.