NEWS-HR

A s.185 (Enterprise agreement) application from ACTIV Foundation Incorporated for its ACTIV Foundation Inc. Administration Staff Enterprise Agreement 2017 has been granted by Commissioner Saunders in Newcastle on 17 November 2017.

The sister of a disabled woman who died after her calls for help were downplayed and dismissed by medics has pleaded for SA Health to ensure such a preventable death never happens again. Rita Ann Broadway, 66, died on January 2, 2015 from a urinary tract infection with a background of heart disease and diabetes. Two days before her death, the former school teacher was taken to Modbury Hospital by ambulance after complaining of pain near her bladder catheter. A coronial inquest into her death heard her calls for the catheter to be changed were unmet while in hospital, and that her life could have been saved had doctors treated her for a urinary tract infection.

Health Services Union and Life Without Barriers have a (s.739 – Application to deal with a dispute) before Deputy President Hamilton in Court 3 & Conference Room B – Level 6 in Melbourne at 10.15am.

Health Services Union and Scope (Vic) have a s.739 (Application to deal with a dispute) set for decision before Commissioner Harper-Greenwell in Court 5 & Conference Room D – Level 6 in Melbourne.

Glenview Community Services Inc is in its second day of a s.394 (Application for unfair dismissal remedy) before Commissioner Lee in his Melbourne chambers (Tanner).

Yooralla is set to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Hamilton in Court 3 – level 6 in Melbourne (Hussainy).

Yooralla is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Hamilton in his Melbourne chambers (Hussainy).

TERMINATION OF EMPLOYMENT – misconduct – performance – ss.390, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant, a Finance Manager, was dismissed after preparing incorrect financial reports and failing to send essential return to national regulator of charities by deadline – Commission found valid reason for dismissal – applicant’s performance caused serious damage to respondent’s business – although dismissed for misconduct, applicant was guilty of poor performance – no satisfactory evidence of warnings – weight of finding diminished by applicant’s unwillingness to accept responsibility, which meant attempts to improve her performance would probably have been unsuccessful – Commission found dismissal was unfair, but only to extent that applicant should have been afforded notice of dismissal – applicant was dishonest about qualifications – at least part of poor performance was due to applicant being ‘out of her depth’ in role – if applicant had been honest, she might never have been appointed to position – compensation order inappropriate. Valenzuela v Spectrum Community Focus Limited t/a Spectrum Community Focus