TERMINATION OF EMPLOYMENT – genuine redundancy – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – apparent reason for dismissal was impending closure of business – business remained open – respondent contended pending loss of clients meant it was unable to generate enough funds to sustain applicant’s full-time wage – it later stated applicant was dismissed due to negligence in performance of duties – Commission found applicant’s dismissal was not due to work performance but due to respondent’s financial difficulties which led to reduction in headcount – no evidence that respondent complied with consultation requirements of Clerks – Private Sector Award 2010 – no written information given to applicant about major workplace change, contrary to Award’s consultation clause – Commission found dismissal not a genuine redundancy – valid reason for dismissal existed, since applicant had been dismissed as a result of her job no longer being required because of changes in operational requirements of business – notification of reason was verbal, with applicant being told business would be closing in two weeks’ time – no credible evidence suggesting applicant was dismissed due to unsatisfactory performance – Commission considered it relevant that had applicant’s employment been terminated by way of redundancy, she would have been entitled to notice and redundancy pay for her two years and 11 months of full-time service and only one weeks’ notice was paid – also relevant was the finding that the respondent had failed to consult about change in the manner required by the Award – Commission found dismissal was harsh, unjust or unreasonable – compensation in lieu of reinstatement appropriate – Commission awarded $5,482.26 in compensation. Morris v Community Caring P/L t/a Carers That Care
September 1, 2017
TERMINATION OF EMPLOYMENT – valid reason – performance – remedy – s.394 Fair Work Act 2009 – applicant employed by Tangentyere Council Aboriginal Corporation (TCAC) as a cook – applicant started off as casual and subsequently made permanent part-time – on 27 July 2016 there was an incident in the kitchen with her supervisors – on 16 August 2017 meeting was held with applicant and Human Resources – no basis on which applicant could understand this was a performance meeting and outcomes were not set out in writing to ensure there would be no confusion as to future expectations – on 11 November 2016 there was another incident involving applicant – on 28 November applicant’s employment was terminated as she was deemed not ‘a good fit for the role’ – Commission not satisfied that the incidents were of such a serious nature that they warranted dismissal – applicant was denied procedural fairness and was given no advice as to why her employment might be terminated – not afforded an opportunity to improve prior to the decision to terminate employment – no formal outcome of meeting meant that there was nothing to objectively measure applicant’s future behaviour against – when the November incident occurred applicant was unaware of possible consequences – whilst Commission did not find applicant blameless in issues with supervisors, this did not provide valid reason for dismissal and as such her dismissal was harsh – Commission satisfied applicant was unfairly dismissed – further directions about compensation. Newchurch v Tangentyere Council Aboriginal Corporation
September 1, 2017
A former SA Health director who sent her children fake death threats and blood-stained clothing as part of an elaborate scam to get workers’ compensation has been re-sentenced to more than six years in jail. Tabitha Lean, 41, and her husband and SA Health colleague Simon Craig Peisley, 38, were found guilty of more than 40 deception charges late last year. Lean was the director of Aboriginal Health Service division when she and Peisley orchestrated a scam which involved sending their children, their children’s school and colleagues fake racist threats relating to work. They also sent packages of what appeared to be blood-stained children’s clothing which resulted in SA Health paying for stress leave, serviced apartments, interstate travel and medical appointments. The couple also received WorkCover payments and had been negotiating a compensation payout of $580,000 when their scam was uncovered. Peisley was jailed earlier this year but Lean was allowed to serve her sentence of six years and eight months on home detention so she could care for their children.
September 1, 2017
A tribunal has ruled that three children would be at great risk of harm and neglect if they were returned to their out-of-home carer employed by a Newcastle-based provider currently under the scrutiny of New South Wales Ombudsman’s office. The Civil and Administrative Tribunal heard Lifestyle Solutions removed the children from the carer in May. The carer is fighting the decision to remove the children and had a stay of proceedings application rejected today. The case management for the children was transferred from Family and Community Services (FACS) to Lifestyle Solutions in January 2014. The carer first had neglect allegations raised against them in 2015 but remained authorised with Lifestyle Solutions while court proceedings were ongoing.
August 31, 2017
Berry Street Victoria Inc is facing a s.394 (Application for unfair dismissal remedy) before Commissioner McKinnon in court 11 & conference room A – level 5 in Melbourne (Okiya).
August 31, 2017
A s.185 (Enterprise agreement) application by Maari Ma Health Aboriginal Corporation for its Maari Ma Health Aboriginal Corporation Enterprise Agreement 2017 has been stamped by Commissioner Johns in Sydney on 30 August 2017.
August 31, 2017
A bag of rubbish is at the centre of a legal stoush between a Far North hospital and a long-term employee. Doris Victoria Busuttil, who worked at Babinda Hospital for about 20 years, is suing for $463,300 in a negligence lawsuit over a back injury she claims occurred at work. Ms Busuttil was an operations officer. On the day she was injured, in April 2015, she had been taking rubbish from the kitchen to an industrial bin outside the hospital building. She is about 140cm tall and the edge of the bin sits above her head. According to documents filed in the Cairns District Court this month, the then-55 year-old was forced to lift the rubbish bag above her head to dispose of it in the bin. Ms Busuttil claims this resulted in an injury to her lower back. She has suffered a moderate lumbar spine injury resulting in increased back and leg pain and consequential restriction of movement and has been unable to return to work. Since the incident, Ms Busuttil claims she has racked up more than $100,000 in medical expenses and lost wages. She has a history of lower back pain while working at the hospital, which resulted in her taking time off in 2009. Ms Busuttil claims the hospital either knew or should have known the task involved a risk. The paperwork said if the hospital had delegated this task to others or and alternative system was available, the injury would not have occurred. Cairns and Hinterland Hospital and Health Service chief executive Clare Douglas said the hospital was unable to provide a statement as the Health Service has not yet been served with any court documents.
August 31, 2017
Ferngrove Pharmaceuticals Pty Ltd has failed to overturn an unfair dismissal claim by Chuan Wei Ji.
