NEWS-HR

Outcare Incorporated is facing a s.365 (Application to deal with contraventions involving dismissal) before Deputy President Binet in Conference Room 12.34 & Breakout Room in Perth at 3pm today (Kickett).

Lighthouse Disability will defend a s.394 (Application for unfair dismissal remedy) before Fair Work Commissioner Hampton in his Adelaide chambers at 1030am (Hudson).

About Life Pty Ltd has been served with a s.394 (Application for unfair dismissal remedy) notice by an ex-staffer (Ahmed).

The Health Services Union and Scope (Vic) Ltd have a s.739 (Application to deal with a dispute) to debate before Fair Work Commissioner Harper-Grenwell in Court 5 & Conference room 1 at 2pm in Melbourne.

A Section 394 (Application for unfair dismissal remedy) by Christopher Patterson against Re-Engage Youth Services Incorporated T/A Re-Engage Youth Services has been determined by Deputy President Anderson in Adelaide on 3 January 2018. The summary is as follows: Application for an unfair dismissal remedy – jurisdictional issue – whether employee resigned or was dismissed – claim of dismissal at employer’s initiative – section 386(1)(a) criteria not made out – claim of forced resignation – meaning of section 386(1)(b) – annual leave request refused – operational basis for refusal – employee resignation made under pressure of difficult choice – real and effective choice exercised – not forced resignation Employer unilaterally paid out and shortened notice period before resignation took effect – whether dismissal at initiative of employer – section 386(1)(a) – employer conduct in substitution of resignation – employee dismissed during notice period – dismissal harsh, unjust and unreasonable – compensation ordered ($1324.15).

A s.394 (Unfair dismissal) costs claim by Emma Valenzuela against Spectrum Community Focus Limited T/A Spectrum Community Focus has been refused by Senior Deputy President Hamberger in Sydney on 3 January 2018.

A s.394 (Application for unfair dismissal remedy) by Gary Roberts against Greystanes Disability Services t/a Greystanes Disability Service; Community Living has been ruled out of time by Vice President Hatcher in Sydney on 4 January 2018.

An application for approval of the MacKillop Family Services Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Deputy President Gooley in Court 4 – Level 6 in Melbourne.