Moree Local Aboriginal Land Council is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Sams in his Sydney chambers (Leslie-Briggs).
October 18, 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) before Deputy President Booth at Evergreen Life Care 22-32 Yallambee Ave West Gosford NSW 2250 today.
October 18, 2017
An application by Australian Nursing and Midwifery Federation (s.229 – Application for a bargaining order) will be determined by Deputy President Hamilton in Court 3 – level 6 in Melbourne.
October 18, 2017
ACT Health Directorate is answering a s.739 (Application to deal with a dispute) instigated by a staffer (Hays).
October 17, 2017
Paramedics are currently on scene following reports a pedestrian was hit by a car at a retirement village. Emergency services were called about 11.48am to Sunset Drive, Little Mountain and crews are assessing two patients. Initial reports indicate the incident happened at the Caloundra Adventist Retirement Village.
October 17, 2017
ENTERPRISE AGREEMENTS – varying agreement – s.217 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation to vary the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013 (the agreement) to remove an ambiguity relating to shiftwork and overtime – application opposed by respondent employer, Correct Care Australasia P/L – applicant submitted clauses 24 and 23.3 of agreement contain ambiguity – applications under s.217 involve two-step process, the first step in which is ascertaining whether there is an uncertainty or ambiguity – Commission not satisfied clause 24 ambiguous or uncertain – first part of clause defines shiftwork, and second part of clause sets out basis on which shifts can be worked – jurisdictional prerequisite not made out – Commission not satisfied clause 23.3 ambiguous or uncertain – overtime provisions clear – jurisdictional prerequisite not made out – application dismissed. Australian Nursing and Midwifery Federation v Correct Care Australasia P/L
October 17, 2017
TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – jurisdictional objection to application for unfair dismissal remedy – respondent asserted that applicant was not an employee but engaged pursuant to a contract for service – in considering whether applicant an employee or contractor Commission considered facts against the indicia outlined in Kimber – overwhelming evidence that character of relationship was one of contracting – jurisdictional objection upheld – application dismissed. Hinds v Barcoo Retirement Village Incorporated
October 17, 2017
TERMINATION OF EMPLOYMENT – misconduct – performance – ss.390, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant, a Finance Manager, was dismissed after preparing incorrect financial reports and failing to send essential return to national regulator of charities by deadline – Commission found valid reason for dismissal – applicant’s performance caused serious damage to respondent’s business – although dismissed for misconduct, applicant was guilty of poor performance – no satisfactory evidence of warnings – weight of finding diminished by applicant’s unwillingness to accept responsibility, which meant attempts to improve her performance would probably have been unsuccessful – Commission found dismissal was unfair, but only to extent that applicant should have been afforded notice of dismissal – applicant was dishonest about qualifications – at least part of poor performance was due to applicant being ‘out of her depth’ in role – if applicant had been honest, she might never have been appointed to position – compensation order inappropriate. Valenzuela v Spectrum Community Focus Limited t/a Spectrum Community Focus
