A s.248 (Single interest employer authorisation) application by the Victorian Hospitals’ Industrial Association has been granted by Commissioner Cribb in Melbourne on 29 August 2017.
August 31, 2017
Southern Cross Community Healthcare Pty Ltd is set to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in his Sydney chambers (Kellner).
August 31, 2017
TERMINATION OF EMPLOYMENT – misconduct – ss.387, 390, 394 Fair Work Act 2009 – unfair dismissal application – applicant was a carer in group home – terminated for serious misconduct on basis verbally aggressive and pushed resident – denied alleged conduct – two witnesses of alleged conduct – applicant argued fundamental differences between two witnesses – witness gave several inconsistent statements – other witness unavailable – witness not called to give evidence as respondent unable to contact – Commission made finding on balance of probabilities of allegations – Briginshaw relevant test – little weight to be given to witness statement of absent witness – oral evidence before Commission of applicant and respondent witness – two conflicting accounts before Commission – applicant consistent in his evidence – respondent’s witness not consistent and changed between incident report and evidence before Commission – not a credible witness – on balance of probabilities applicant not verbally aggressive or push resident – not satisfied there was a valid reason for dismissal – applicant did not engage in serious misconduct – dismissal was harsh, unjust, unreasonable. Morag v Department of Health and Human Services
August 30, 2017
An elderly man is locked in a legal dogfight with his retirement village who want take his beloved german shepherd away from him — even though it is his assistance dog. John Murphy, 79, is taking on the Catholic Aged Care Sydney in the NSW Civil Administrative Tribunal after his Watsons Bay retirement village ordered he get rid of Rex because it has a no dogs policy. Mr Murphy adopted Rex 15 months ago after psychiatrists at St Vincent’s Hospital recommended he get a dog to help him deal with the stress he experienced when his wife, Gael, was moved to a high-care dementia facility. But Vaughan Village, run by Catholic Aged Care Sydney, is trying to boot out Mr Murphy’s mate from the pair’s independent unit. The tribunal ruled against Mr Murphy last month and told him to find Rex a new home, but he was granted leave to appeal and is fighting to keep his companion. Mr Murphy said Rex is an assistance animal and under the Disability Discrimination Act and Companion Animals Act it would be unlawful to remove him. In the hearing he provided a letter from psychiatrist Dr Kate Mullin who said Mr Murphy had been “suffering significant carer stress” that was “adversely affecting his mental health”. “We have noticed a marked improvement in Mr Murphy’s presentation since adopting Rex.” “We have noticed a marked improvement in Mr Murphy’s presentation since adopting Rex, such that his mental health issues have largely resolved and he is better able to continue to care for his wife,” Dr Mullin wrote. He also provided Rex’s certificate of registration from the NSW Companion Animals Register and letters from not-for-profit organisation mindDog which confirmed Rex is a trainee psychiatric assistance dog. “When we went to court I was allowed to take Rex in with me because they recognised the certificate … but then the same court have ruled against him,” Mr Murphy said. The village said four residents complained about Rex, claiming he was a “nuisance”. Trustee of Catholic Aged Care Sydney Michael Moore said he couldn’t comment on the case specifically but he took the “safety and welfare of all our residents very seriously”.
August 30, 2017
Western Australia’s peak elder abuse support agency Advocare has appointed experienced community care and not-for-profit executive Diedre Timms as chief executive officer.
August 30, 2017
Armest Pty Ltd T/A Miles Witt Partnership has got its Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2017 application past Commissioner Saunders.
August 30, 2017
An application by Lower North Shore Community Transport Inc (s.225 – Application for termination of an enterprise agreement after its nominal expiry date) is before Commissioner johns in hearing room 11-1 – level 11 in Sydney.
August 30, 2017
A hospital in Melbourne’s north has admitted it failed to provide proper care for a man dying of cancer who was placed in the same room as a dead patient. In the final hours of his life, the man was moved into a room with a dead patient. An internal review was conducted at Northern Hospital in Epping, after a complaint was lodged by the man’s family. “There is no doubt we failed our patient and his family at their time of greatest need,” a Northern Health spokesman said. “The patient experience outlined is not the standard we expect at Northern Health and we have re-educated staff to ensure this doesn’t happen again.
