Quad Services Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) before Commissioner McKenna in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 2pm (Cohen).
February 13, 2017
A s.185 (Enterprise agreement) application by Grow for its Grow Enterprise Agreement 2016 has been approved by Commissioner Saunders in Sydney today.
February 10, 2017
A de facto carer who instructed two intellectually disabled people to participate in sex acts while he filmed them has been jailed for at least two-and-a-half years. The 55-year-old-man, who cannot be identified for legal reasons, was found guilty of two counts of rape and two counts of indecent filming, and pleaded guilty to threatening another carer who found out about the abuse. South Australia’s District Court heard the man had been a de facto carer to a young intellectually disabled woman.
February 9, 2017
Civic Disability Services Ltd is to defend a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Mallet).
February 6, 2017
A former nursing home boss who paid herself $20,000 from the bank account of a disabled patient is back working in aged care after a six-month suspension. VCAT documents reveal Ruth Fields, formerly known as Ruth Welling, manipulated an intellectually disabled wheelchair-bound woman to make herself the patient’s legal financial guardian. Mrs Fields, who was chief executive of AdventCare at the time of the incident, has returned to work at a Cheltenham nursing home in an office role.
February 3, 2017
Quad Partnership is being challenged by a s.394 (Application for unfair dismissal remedy) lodged by Cohen.
February 2, 2017
Adam Felkin has been refused permission by the FWC full bench to reopen his unfair dismissal settlement with his ex-employer Pathfinders Ltd. “Mr Felkin has brought forward nothing that would suggest that the settlement agreement was the product of extreme pressure or that it was anything other than an agreement entered into freely. He has also not brought forward anything that would suggest that there is an arguable case of appealable error in the expression made by Drake SDP that his dismissal was not harsh, unjust or unreasonable, based on the evidence before Drake SDP in her capacity as a private arbitrator.” So there the matter now rests.
January 31, 2017
TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant worked as Personal Care Assistant and acquired additional duties as an After Hours Coordinator – lodged worker’s compensation claim in relation to alleged psychological injuries – respondent denied liability – claimed employment was not a substantial contributing factor to injury – applicant dismissed on basis of incapacity to carry out the inherent requirements of both positions – required to attend fact finding meeting in relation to allegations of altering the Webster pack of a client without the authorisation to do so – absent from work due to workplace injury and the exacerbation of symptoms due to alleged bullying – claimed to be subjected to bullying over a significant period of time leading up to dismissal – Commission satisfied that even if modifications to the role and provision of facilities or service to aid her were made, would still not be able to carry out the inherent requirements of both roles – Lion Dairy and Drinks Milk Limited v Peter Norman considered – employers are required to have regard to expert opinion rather than making own assessments regarding medical questions – respondent relied on opinion of medical expert to dismiss on incapacity – expert considered that even once she had reached remission ‘it would be prudent’ that applicant not be exposed to these workplace stressors as this may cause a relapse – Commission found that there was a valid reason for dismissal – applicant unable to undertake the inherent requirements of job as a result of incapacity – dismissal was not harsh, unjust or unreasonable – application dismissed. Duarte v The Paraplegic & Quadriplegic Association of NSW
