A number of Melbourne aged care homes have been closed as they battle gastro outbreaks, with one off-limits to family and friends for almost a week. Residents at the Bupa aged care facility in Caulfield South have been quarantined since last Friday due to an outbreak.
August 10, 2017
A s.185 (Enterprise agreement) lodged by Gilbert Valley Senior Citizens Home (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes for its Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF – SA (Aged Care) Enterprise Agreement 2016 has been amended. The original nominal expiry date of 29 June 2019 was incorrect and is amended to 30 June 2019.
August 10, 2017
Global Health Ltd (ASX:GLH) has appointed Islah Ishak as regional general manager for the Asean market, which has a population of over 625 mln people.
August 10, 2017
Barcoo Retirement Village Incorporated is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Simpson in his Brisbane chambers (Hinds).
August 10, 2017
He has always professed his innocence and showed no emotion when he was found guilty and then sentenced to a maximum of 40 years in jail. And now aged care double murderer Garry Steven Davis has launched an appeal against his convictions, labeling the guilty verdicts “unreasonable and not supported by the evidence” and claiming Supreme Court Justice Robert Allan Hulme erred when accepting that a single perpetrator injected three elderly, non-diabetic SummitCare Wallsend residents with insulin over two days in October, 2013. Davis, 30, was jailed for a maximum of 40 years with a non-parole of 30 years in December last year after he was found guilty of the murder of Gwen Fowler, 83, and Ryan Kelly, 80, and the attempted murder of Audrey Manuel, 91, after a four-week judge-alone trial in the Newcastle Supreme Court. His legal team, led by solicitor Mark Ramsland, have lodged a notice of intention to appeal the conviction to the Court of Criminal Appeal, obtained Legal Aid NSW funding and enlisted the service of barrister Graham Turnbull, SC.
August 10, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was constructively dismissed due to removal of allocated shifts at meeting with employer – respondent raised jurisdictional objection on basis applicant not dismissed but resigned voluntarily at meeting – applicant warned once previously for cash handling discrepancy – applicant pregnant and planned to resign in July – applicant reported second cash discrepancy of 100 dollars – investigated by HR advisor – applicant called to April meeting with advisor – applicant told all her “change-box” shifts removed leaving only one shift allocated until cash handling retraining completed – considerable divergence of recollections of meeting details – applicant asked to return her uniform at end of meeting – applicant submitted at no stage did she resign and had no intention of finishing her employment until end of July – not asked if she wanted a witness present at the meeting – respondent strongly denied constructive dismissal and claimed applicant clearly resigned in meeting – question to establish involved mixed findings of fact [Mohazab, Allison] and law [Macken’s Law of Employment] – employer relied on alleged verbal resignation – employment ended with the return of uniform – action of employer in reducing shifts changed employment circumstances – applicants’ income reduced by 75 per cent – Commission found no valid reason for termination – applicant entitled to treat reduction as repudiation of contract – Commission found dismissal harsh, unjust or unreasonable – applicant sought three months lost remuneration up to planned resignation end July – no element of past misconduct – $13,566 (16 weeks) compensation ordered. Balgowan v City of Sydney RSL & Community Club Ltd
August 10, 2017
TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 604, 611 Fair Work Act 2009 – permission to appeal – Full Bench – respondent’s employment with appellant ceased by way of resignation on 28 July 2016 – respondent contended that he had no choice but to resign and was accordingly dismissed within meaning of s.386(1)(b) of FW Act – on 3 August, respondent entered into settlement agreement with appellant in relation to cessation of employment – respondent filed unfair dismissal application on 23 September 2016 – appellant made multiple jurisdictional objections including: application made out of time, applicant voluntarily entered into settlement agreement and applicant not dismissed – directions issued and submissions lodged accordingly – respondent discontinued application on 31 January 2017 – appellant lodged application for costs on 9 February 2017 – Commission dismissed costs application on 9 May 2017 – appeal filed on 29 May 2017 outlining grounds for appeal with respect to errors as to jurisdiction, exercise of discretion and errors as to fact – appellant submitted Commission erred by dealing with jurisdictional objections separately rather than as a whole in deciding whether application had been made ‘without reasonable cause’ or ‘had no reasonable prospect of success’ – Full Bench not persuaded – held ‘a fair reading of the Decision suggests that the Commissioner did in fact look at the objections as a whole’ – appellant further submitted Commission at first instance committed jurisdictional error in finding reasonable prospects of success should be reasonably apparent to applicant, rather than to a reasonable person – Full Bench disagreed – held passages referred to do not support proposition that Commission applied subjective test – appellant contended Commission at first instance erred in adopting same test for ‘without reasonable cause’, ‘no reasonable prospects of success’ and ‘unreasonable act’ – however, conceded Commission’s approach was consistent with Full Bench authority and Full Bench held that adoption of test posited by appellant would unlikely affect ultimate result – appellant contended Commission erred in determining that there was presumption in FW Act against awarding costs – Full Bench held appellant was making too much of what was ‘merely an infelicitous expression’ – last, appellant submitted Commission erred in consideration of discretion to award costs in: taking into account subjective characteristics of respondent as self-represented litigant, advice given by respondent’s representatives, and amount of costs sought by appellant – Full Bench not persuaded Commission erred in taking into account respondent’s characteristics as a self-represented litigant, or in having regard to advice given by his representative, or that Commission took quantum of costs sought into account in exercise of discretion – permission to appeal refused – application dismissed. Appeal by Baxter Healthcare P/L t/a Baxter Healthcare against decision of Johns C of 9 May 2017 [[2017] FWC 2523] Re: Portelli
August 10, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant employed as Director of Nursing at aged care facility – summarily dismissed after allegations of serious misconduct, poor performance and failure in duty of care to residents – Commission found allegations of misconduct not proven – collusion between senior nursing staff – motives for collusion, all three stood to benefit from applicant’s dismissal – allegations of poor performance not made out – duty of care reasonable – errors of judgement – contrition and apology – exemplary service, pay rises, commendations, bonuses – procedural unfairness – reasonable opportunity to respond not provided – weight of evidence did not justify dismissal – Commission found no valid reason for dismissal – dismissal harsh, unjust and unreasonable – reinstatement not sought and not appropriate – compensation of $69,450, plus 9.5% superannuation ordered. Adamopoulos v Thompson Healthcare P/L t/a Thompson Health Care
