NEWS-HR

A s.185 (Enterprise agreement) application by Diagnostic Services Pty Ltd for its Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2017) has been granted.

An elderly man who went missing from Bethanie Beachside on Two Rocks Road in Yanchep has been found.

A s.185 (Enterprise agreement) application by Adventist HealthCare Limited for its Adventist Healthcare Limited Nursing Employees Enterprise Agreement 2017 has been approved by Commissioner Gregory in Melbourne on 6 July 2017.

Queensland Premier Annastacia Palaszczuk says video of a hospital security guard crash tackling a mental health patient isn’t the full story of the incident, but admits she found out about it through media reports.

Lendlease Services Pty Limited T/A Lendlease has had its Lendlease – Services – Industrial Services – NSW – Enterprise Agreement 2017 application approved.

A wave of gastroenteritis has struck hospitals and aged care homes in Melbourne’s eastern suburbs. Mary MacKillop Aged Care facility in Hawthorn East is in lockdown. The Sisters of St Joseph Health Care Services refused to comment. Meanwhile,an outbreak at the Regis Armadale aged care facility, which is 500 metres from Cabrini Malvern, was brought under control on Wednesday, said Regis Healthcare’s general manager of corporate services Kirsty Nottle.

Metlifecare Pakuranga Retirement Village manager Jane Ralston is to leave after 24 years.

TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – s.394 Fair Work Act 2009– application for relief from unfair dismissal – applicant employed as General Manager with respondent in remote area of Northern Territory (NT) from 23 May 2016 to 5 December 2016 – respondent raised jurisdictional objections that applicant not protected from unfair dismissal as not covered by enterprise agreement and earned more than high income threshold; and applicant was not dismissed but had resigned – Commission satisfied applicant was covered by enterprise agreement – whether applicant resigned or was dismissed – incident occurred on 20 November 2016 in which company vehicle driven by applicant was stopped by NT Police – NT Police searched vehicle and seized significant amount alcohol in excess of amount prescribed under applicant’s Liquor Permit – applicant reported incident to respondent on 21 November 2016 and was told that they would await NT Police action – respondent submitted that NT Police contacted them on 23 November 2016 to inform it that charges would be laid against applicant – respondent then talked to applicant who offered verbal resignation and agreed to final day of 5 December 2016 – respondent explained that applicant would be terminated if he did not resign by then – applicant disputed this version of events and submitted that he did not meet with respondent until 24 November 2016 to note that he had not heard from NT Police – applicant submitted that he met with respondent on 25 November 2016 who suggested that he should resign – applicant submitted that he called respondent on 29 November 2016 to state that he would not be resigning and respondent stated he would be terminated if he did not by 5 December 2016 – on 5 December 2016 applicant reiterated he would not resign and was subsequently terminated by respondent – respondent submitted that applicant did not rescind his earlier offer of resignation until 5 December 2016 – Commission noted evidence suffers to degree of embellishment and inconsistency – found on balance of probabilities that applicant had agreed to resign no later than 28 November 2016 – found respondent formed view that applicant had changed his mind and therefore dismissed applicant on 5 December 2016 – found applicant was dismissed on respondent’s initiative – satisfied applicant protected from unfair dismissal – whether valid reason for dismissal – applicant terminated for possession of an illegal quantity of alcohol in company vehicle and breach of code of conduct – applicant contested breach of code of conduct and that behaviour insufficiently serious to warrant termination – Commission found valid reason for dismissal – applicant’s attempt to disregard NT liquor permit system justified dismissal – found applicant not unfairly dismissed – application dismissed. Kelly v Bawinanga Aboriginal Corp t/a Bawinanga Aboriginal Corporation