Ambulance Victoria is still fighting a s.394 (Application for unfair dismissal remedy) after a week. Fair Work Deputy President Young in Court 12 – Level 5 and Conference Room A – Level 5, in Melbourne, is hearing the matter (Hay).
June 7, 2019
A s.365 (Application to deal with contraventions involving dismissal) by Stephen Hirvonen naming the Julalikari Council Aboriginal Corporation has come to nothing. Deputy President Lake in Brisbane, on 6 June 2019 said no. The ruling summary is: “Application to deal with contraventions involving dismissal – application made outside of statutory timeframe – extension of time – extension of time not granted – application dismissed.”
June 7, 2019
A s.604 (Appeal of decision) by Vahid Sedighi Gourabi citing the Westgate Medical Centre has been refused by the Full Bench of the Fair Work Commission, Vice President Hatcher, Deputy President Colman and Deputy President Millhouse, in Sydney, on 5 June 2019. Dr Vahid Sedighi Gourabi lodged an appeal, for which permission to appeal is required, against a decision issued by Commissioner Bissett on 21 February 2019. The Decision concerned an application by Dr Gourabi made pursuant to s 394 of the Fair Work Act 2009 for an unfair dismissal remedy in respect of the termination of his employment with Westgate Medical Centre.
June 7, 2019
The Health Services Union and Supported Tenancy Accommodation and Respite Tasmania have a s.729 (Application to deal with a dispute) to argue before Fair Work Commissioner Lee in Hearing Room 5, Second floor in Hobart.
June 6, 2019
A woman who complained she was sexually assaulted by a doctor in a West Australian hospital swiftly singled out a different doctor when she was shown photographs of staff, a court has heard. Priyantha Padmike Dayananda is on trial in the District Court of WA, charged with sexual penetration without consent. The woman alleges Dayananda paid her “special attention” when she was in Bunbury Hospital after abdomen surgery in October 2017, visiting her multiple times a day, suggesting they “meet up” and stroking her hair. When she returned in pain in December after a wound from the surgery became infected, she was placed in an emergency department cubicle, where she alleges the offence took place. She told the court Dayananda closed the curtains behind him, saying he saw on a computer she had been admitted, pulled up her dress and bra, and inserted his hand into her underwear, asking a question about her cleanliness “down there”. He allegedly said he still wanted to take her “out”. She said she had to go to the toilet, ran from the hospital “as fast as I possibly could” and took a taxi home. The woman said he phoned her days later, replying “I’m the doctor from Bunbury Hospital” when she asked who he was, but not providing his name. But she recognised his voice and Indian accent, she said, and saved his number in her mobile phone under “sleaziest slyest doctor”. The complainant says he called and texted her numerous times over the next five to six weeks, and she told him she couldn’t speak because she was praying and had gone interstate. When she complained to hospital officer Caitlin Crispin, she was shown photographs of the male doctors and asked to point out who molested her. Defence counsel Simon Watters asked if the complainant selected a Pakistani doctor “pretty well straight away”. “That’s right,” Ms Crispin replied. The complainant was encouraged to have another look and confirmed her choice. Prosecutor Joel Grinceri said she simply made an error and the state would provide evidence proving Dayananda was the offender. Mr Watters said the other doctor was on duty that day and had access to the emergency department. “We say that the wrong doctor has been charged,” he said. The trial continues.
June 6, 2019
A s.185 (Enterprise agreement) application by Clinpath Laboratories Pty Ltd for its The Clinpath Laboratories – Enterprise Agreement 2018 has been ratified by Fair Work Commissioner Wilson in Melbourne, on 4 June 2019.
June 6, 2019
An item 16 Sch. 3 (Termination of transitional instrument) sought by Oak Valley (Maralinga) Aboriginal Corporation T/A Oak Valley Health & Aged Care Services for the Yalata – Maralinga Health Service Inc. Enterprise Agreement No. 1 of 1998 has been agreed by Fair Work Commissioner Platt in Adelaide on 5 June 2019.
June 5, 2019
A s.185 (Application for approval of a multi-enterprise agreement) from the Victorian Hospitals’ Industrial Association for its Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 has been ratified by Fair Work Deputy President Colman in Melbourne, on 3 June 2019.
