NEWS-HR

A s.185 (Enterprise agreement) application from Melbourne City Mission Inc for the Melbourne City Mission Social, Community and Employment Services Enterprise Agreement (Social, community, home care and disability services) has been ratified by Fair Work Deputy President Masson in Melbourne on 3 December 2019.

Antient, Free & Accepted Masons of South Australia and the Northern Territory Inc are collectively fighting a s.394 (unfair dismissal claim) before Fair Work Commissioner Platt in the Fair Work Commission Level 6 Riverside Centre North Terrace in Adelaide today (Herraman).

A s.222 (Enterprise agreement) application from Northern Carers Network Inc T/A Northern Carers Network for the termination of the Northern Carers Network Enterprise Agreement 2009 has been agreed by Fair Work Commissioner Platt sitting in Adelaide on 6 December 2019.

A s.185 (Enterprise agreement) application from Mitchell House Inc for the Mitchell House Inc., ANMF and HSU Enterprise Agreement 2018 has been agreed by Fair Work Commissioner Wilson in Melbourne on 27 November 2019.

Calvary Health Care ACT Limited has a s.739 (Application to deal with a dispute) ready for adjudication before Deputy President Kovacic in chambers in Canberra (Hijazi).

Japara Healthcare Limited has a s.394 (Application for unfair dismissal remedy) to answer today before Fair Work Commissioner Wilson in chambers in Melbourne (McGlone).

A caseworker has died and his client taken into custody after an alleged stabbing in Balmain East on Thursday afternoon. Minister for Health and Medical Research Brad Hazzard, and Minister for Mental Health, Regional Youth and Women, Bronnie Taylor released a joint statement on Thursday evening. “We and the NSW Health family are devastated by the tragedy that has fallen upon one of our committed health care workers,” the statement read. “We extend our deepest sympathy to the family, friends, and co-workers of the victim. Our first priority here is providing every support necessary to the colleagues and loved ones of the victim, who are understandably deeply distressed.” Police were called to the home on Nicholson Street about 3.45pm after reports of concern for the welfare of those inside. Neighbours say they heard police banging on the door. When officers made their way inside, they found the body of a man, aged 62, who had been visiting the flat. The resident of the Nicholson Street block, a man, aged 40, was taken to hospital, where he was being treated for suspected stab wounds and remains under police guard. Leichhardt Police Area Command Superintendent Alf Sergi said the 40-year-old man was in hospital being treated for lacerations on Thursday night. “He’s currently assisting police with inquiries,” he said. Supt Sergi declined to comment on whether the man would receive a mental health assessment. Neighbour Anastasia Lawford, who lives below the apartment where the man died, saw her neighbour coming out of the block of flats “covered in blood” on a stretcher. “It was everywhere, he was covered in blood. It was all over the soles of his shoes,” she said. The man, who she knew as Peter, had been living in the complex for four years she said, but “wasn’t very social”. “I have seen him about twice,” she said. “He lived alone and didn’t have many visitors. Just his caseworker and his cleaning lady.” The man lived with a dog, which Ms Lawford said she was happy to have heard barking since the incident. On Thursday evening, police were canvassing neighbours both inside the four-storey apartment and along the quiet street. Specialist forensic police had also arrived at the scene and roped off a large section of the street behind police tape.

A former Illawarra aged care worker has been found not guilty of assaulting five vulnerable dementia patients between October and December last year, vowing to “never” work in the profession again. Shakuntala Mudaliar broke down in tears at Wollongong Local Court on Thursday, after Magistrate Mark Douglass found her not guilty of spraying cleaning chemicals in an elderly woman’s face, and swearing and slapping several others. Magistrate Douglass acquitted her of allegations she assaulted three women and two men, aged between 74 and 87, at the Warrigal Warilla aged care facility between October and December 2018, finding the lead witnesses to the alleged crimes “lacked credibility”. During the two-day hearing, the court heard allegations raised by two of Mudaliar’s colleagues, Anu Mohan and Roshiny Ditto, that she had mistreated patients on several occasions. Mr Mohan alleged he saw his colleague “slap” an elderly female resident in October 2018, but was too scared to report it because she was “more senior” than he was and because he “didn’t have any evidence”. But, after becoming fed-up with Mudaliar’s “rude, disrespectful and bullying” ways, he claimed he alerted his manager to the alleged slap in December. Ms Ditto alleged she had witnessed her former friend assault three different patients at the aged care home. One of the most disturbing allegations raised was that Mudaliar sprayed cleaning chemicals in an elderly woman’s face sometime during December last year. However, on Thursday Ms Ditto went back on her prior evidence, and told the court the alleged act might have been an accident. After an investigation into Mudaliar’s alleged mistreatment was launched by Warrigal, the court heard her manager Aileen King asked Ms Ditto to write down all of the alleged incidents she had witnessed. On Thursday, it was revealed to the court Ms Ditto never mentioned the cleaning spray incident in the letter, only making the allegation to police days later. After each of the alleged incidents, which also involved Mudaliar slapping victim’s on their face, arms and legs, Ms Ditto told the court she did not report them to senior management, because she was “scared” and because no one else was doing so either. In handing down his verdict, Magistrate Douglass said he found it difficult to believe that people working in an aged care home would not immediately report the mistreatment of vulnerable patients. “To think employees in a care centre would not immediately report what they saw does not have a ring of truth,” he said. He also said Ms Ditto’s evidence about Mudaliar spraying chemicals in the elderly woman’s eyes was unbelievable, given Ms Ditto did not mention in it in her detailed report to Ms King. “I’m satisfied that just did not happen,” he said. On Thursday, the court also heard from Sarla Singh, former facility manager at Warrigal Warilla, who said she had never once received a complaint about Mudaliar’s treatment of residents during her three year term of employment. “I never saw her do something that wasn’t right, she always completed her training and education, she was a calm and good worker,” she said. “As a manager you get all sorts of complaints, but I never had one about Tala [Mudaliar].” After hearing from other aged care workers about how force was sometimes necessary to assist patients at Warrigal Warilla, and from Mudaliar’s initial interview with police, Magistrate Douglass found that any touching of the residents she engaged in was “lawful”, finding her not guilty of all five common assault charges. In response to the not guilty finings, Mudaliar’s defence lawyer Stephen Russell lodged an application for costs, noting Mudaliar was dismissed from her role as a carer at Warrigal Warilla they day the allegations were raised. “When she was sacked, she’s had no income for 12 months or more now,” he said outside court. “It’s been very difficult for her financially and emotionally, she wants to put it all behind her now.” Mudaliar told waiting media she was “very happy” with the not guilty finding and said she would “never” work in aged care again.