NEWS-HR

A s.394 (Application for unfair dismissal remedy) lodged by Marvi Mannan against St Vincent De Paul Society (NSW) T/A St Vincent De Paul Society (NSW) has been rejected by Commissioner Cambridge in Sydney on 23 January 2020. “Despite repeated attempts to have the applicant provider some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed forw ant of prosecution.”

An application for approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2019 (s.185 – Application for approval of a single-enterprise agreement) will be ruled upon by Commissioner Platt in chambers in Adelaide.

Canberra Health Services has a s.739 (Application to deal with a dispute) to defend before Deputy President Kovacic in Meeting Room 3 in Canberra (Lahoria).

Australian Aged Care Group Pty Ltd has a s.394 (Application for unfair dismissal remedy) to answer to Deputy President Colman in Court 6 – Level 6 in Melbourne (Simari).

Life Without Barriers is up against a s.372 (Application to deal with other contravention disputes) before Commissioner Lee in Court 7 – Level 6 in Melbourne (George).

An application by Asthma Australia Ltd (s.318 – Application for an order relating to instruments covering new employer and transferring employees) will be determined by Fair Work Deputy President Kovacic in chambers in Canberra.

An application by Australian Nursing and Midwifery Federation (s.240 – Application to deal with a bargaining dispute) will be determined by Commissioner Bissett Court 4 – Level 6 and Conference Room C – Level 6 in Melbourne at 9.30am.

A Canterbury doctor who indecently assaulted patients has been struck off the register, nearly two years after being convicted. Rakesh​ Kumar Chawdhry, 64,​ was jailed for four years, four months in 2018, after he was found guilty of 13 charges of indecent assault and one of sexual violation against patients. He assaulted 10 male patients, aged between 17 and 35, in clinics in Amberley and Riccarton from 2012 to 2015. Chawdhry​ only served a third of his sentence and has been on parole since July 2019. Chawdhry​ lost his doctor’s registration in November, after a hearing before the New Zealand Health Practitioners Disciplinary Tribunal. The tribunal released its decision on Thursday. “These offences were gross breaches of trust and were repeated with Dr Chawdhry’s​ patients over a sustained period of offending,” the decision said. “These convictions and the nature of the offending undoubtedly reflect adversely on Dr Chawdhry’s​ fitness to practise as a medical practitioner.” The report said there was a “significant power imbalance”, where Chawdhry​ took advantage of his position and his victims lack of knowledge of the examination. Only one victim understood Chawdhry​ was doing something wrong at the time. Although Chawdhry​ continued to deny there was any sexual motivation in the offending, he accepted he caused “immense harm” to his victims, the report said. “He attributes this to his own self-image and the power imbalance in the doctor-patient relationship, and he accepts that his behaviour was wrong. “He admits he failed to adequately upskill himself as to New Zealand clinical practice.” The tribunal found cancellation and censure were necessary sanctions to mark its condemnation of Dr Chawdhry’s​ conduct and the gravity of the offending, the report said. Chawdhry​ indicated he had no intention of reapplying for registration, but if he changed his mind would have to take a sexual misconduct assessment test at his own cost. He had to pay 30 per cent of the tribunal costs, which amounted to just over $10,500.