A s.120 (Application to vary redundancy pay for other employment or incapacity to pay) by Midcity DDS Pty Ltd T/A Priceline Pharmacy Anzac Square has been agreed by Commissioner Spencer in Brisbane on 5 October 2017.
October 6, 2017
The Camden Haven Community College and Quality Vocational Education (QVE) Training facilitators acknowledged the achievements of graduates in two courses at a ceremony at the Manning Valley Visitors Information Centre on September 29. A total of 34 people from Taree, Forster, Tuncurry, Laurieton and other surrounding areas were joined by fellow students, families and friends to accept their Certificate III in Individual Support (Ageing and Disability) or Certificate IV in Ageing Support. Students will now be qualified to care for people in residential care facilities and the community. Several graduates and most of the prior graduates in the region have already gained employment.
October 6, 2017
TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a chef and assigned to Department of Health and Aging (SA Health) – applicant involved in an altercation with an SA Health employee – SA Health directed respondent that applicant not return to its site – respondent unable to find alternative assignment for applicant – respondent terminated applicant’s employment – applicant submitted dismissal harsh, unjust or unreasonable – respondent submitted SA Health entitled to remove applicant as a result of altercation, and that it engaged in a process to provide alternative employment, but applicant did not seek to pursue those opportunities – respondent submitted valid reason for dismissal existed, and that termination not harsh, unjust or unreasonable – Commission satisfied respondent contractually obliged to remove applicant from site – Commission satisfied respondent conducted its own investigation and did not simply rely on SA Health’s investigation – Commission satisfied respondent advised applicant of all vacant positions within applicant’s skill, competence and training, and that applicant did not pursue any of those roles – Adecco considered – Commission satisfied that applicant’s dismissal a result of incapacity to perform work at SA Health – valid reason existed – relevant that respondent endeavoured to provide alternative employment but that applicant failed to consider alternative assignments offered – dismissal not hash, unjust or unreasonable – application dismissed. Applicant v Spotless t/a Spotless
October 6, 2017
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – on 6 December 2016 applicant sent home for directing vulgar language at company director – applicant apologised and was offered job back on 7 December – applicant dismissed on 9 December 2016 – Commission found reason for dismissal by director was due to a direction from shareholder of company’s only customer – dismissal not consistent with small business fair dismissal code – Commission not satisfied termination was because of language, intimidation, bullying or serious safety breaches – considered factors in s.387 – no valid reason for dismissal – applicant not notified of reason as contemplated by s.387(b) – reason did not relate to capacity, conduct or unsatisfactory performance – size of business and lack of dedicated human resource expertise negatively impacted the procedure followed – considered under s.387(h) the direction from the shareholder of company’s only customer – Commission did not consider there was no other option than to act on direction – dismissal unfair – reinstatement was not appropriate – applicant would have remained in employment for another 12 months – applicant awarded compensation of 26 weeks’ pay. Trialonas v Steric Solutions P/L
October 5, 2017
Lutheran Church of Australia Queensland District is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Simpson in his Brisbane chambers at 3.30pm (Bos).
October 5, 2017
RSL Care Limited has a s.372 (Application to deal with other contravention disputes) on its hands (Gwak).
October 5, 2017
A s.394 – Unfair dismissal application by Frances Newchurch against Tangentyere Council Aboriginal Corporation has succeeded. Commissioner Bissett in Melbourne on 3 October 2017 awarded Ms Newchurch $2591.
October 5, 2017
Fitzgerald Memorial Aged Care Facility Ltd is set to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in his Sydney chambers (Brown).
