The Autism Association of South Australia Limited is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Bartel in his chambers in Adelaide at 12.30 (Manthoni).
March 10, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked as Disability Support Worker – was accused of assaulting a colleague in an incident that occurred at a residential unit in Reservoir – after an investigation the applicant summarily dismissed on the grounds of serious misconduct – Commission held that on the balance of probabilities the applicant did strike his colleague – found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Sekirski v Scope (Vic) Ltd
March 7, 2017
A s.185 (Enterprise agreement) application by Yooralla for its Yoralla Staff Terms and Remuneration (Star) Agreement 2016 has been approved subject to the HSU being written into the arrangement.
March 6, 2017
An application for approval of the Yooralla Staff Terms and Remuneration (STAR) Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Saunders in his Sydney chambers at 11.30am.
March 6, 2017
Global Disability & Health Care Services Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staff member (Stepnickova).
March 3, 2017
Stif Sekirski has failed to convince the Fair Work Commission that he was unfairly dismissed by Scope (Vic) Ltd. Mr Sekirski worked as a Disability Support Worker. His employment was terminated on the grounds of serious misconduct.
March 3, 2017
A s.394 (Unfair dismissal) application by Lynne Sneesby against Farragher Support Services Pty Ltd has been tossed out by Deputy President Gooley because she failed to follow through on his information requests.
March 2, 2017
Jia Qi Yan has won her unfair dismissal claim against Spotless Facility Services Pty Ltd T/A Spotless. The matter was heard over four days. Brendan Edghill, Senior Industrial Officer from the Health Services Union NSW and Mr David Bray, NSW Manager – Workplace Relations at the Australian Industry Group, were granted leave to appear pursuant to s.596(2)(a) of the Act. In January 2016, Spotless commenced providing catering and other services to the Rehabilitation and Disability Support Network operating the Royal Rehab facility at Morrison Road in Ryde, Sydney. Ms Yan commenced employment as a Personal Food Assistant for Royal Rehab on 3 March 1998. She injured her elbow whilst at work, she continued to perform her full range of duties until November 2015, when some restrictions were placed on the duties she could perform. She was subsequently stood down and directed to undertake a ‘functionality assessment’ by a physiotherapist. She was subsequently, after an assessment meeting dismissed by letter. Fair Work has issued an order for reinstatement with continuity of service together with an amount of twelve weeks’ salary.
