ParkRidge Management Pty Ltd will be required to defend a s.365 (applications to deal contraventions involving dismissal) before Deputy President Colman (by telephone AEST VIC Time) in Melbourne at 10am
May 1, 2024
Greystanes Disability Services & Peter Poulos and Others will face a s.365 (Application to deal with contraventions involving dismissal) at 2pm today in front of Commissioner Perica (video using Microsoft Teams) in Melbourne (Tinsey)
May 1, 2024
Jayley Services Pty Ltd T/A Flourish Support Services has a s.372 (Application to deal with other contravention disputes) to answer in front of Deputy President Dean (By telephone AEST (ACT time) in Canberra (Aldrick)
April 3, 2024
Andrew Warton will serve as the interim chief executive of the new NT Fire and Emergency Services agency.
March 25, 2024
The Fair Work Commission guest list today includes: Application for approval of the Australian Transport Safety Bureau Enterprise Agreement 2024-2027
February 13, 2024
Endeavour Group limited T/A Dan Murphy’s is facing a s.394 (application for unfair dismissal remedy) before Deputy Cross (video using Microsoft Teams) in Sydney at 11am
November 6, 2023
Barwon Health has hired a controversial cardiothoracic surgeon, whose performance three other doctors reported concerns about. Dr Michael Byrom started working at Barwon Health on Monday. An Australian Health Practitioner Regulation Agency spokeswoman said conditions were placed on Dr Byrom’s registration by the Medical Council of NSW in May 2020 and removed in September 2021. Dr Byrom, who says allegations against him were unfounded, worked at the Royal Prince Alfred Hospital in Sydney.
February 10, 2023
Necovski v Department of Justice and Community Safety TERMINATION OF EMPLOYMENT – incapacity – valid reason – vaccination – remedy – ss.385, 387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Youth Justice Worker since 25 May 2020 – applicant’s primary duties involved providing safety, security and supervision to persons at youth justice centres – applicant dismissed due to inability to perform role and non-compliance with vaccination policy – vaccination policy introduced on 15 October 2021 prohibiting employees to attend workplace without two doses of vaccine – accommodations were available for ‘excepted persons’ – applicant received first dose on 21 October 2021 but suffered adverse effects – applicant was advised against receiving further MRNA vaccinations – applicant was considered an ‘excepted person’ – medical advice provided to respondent – applicant requested alternative duties as an ‘excepted person’ under policy – respondent maintained applicant was unable to perform inherent requirements of role and no suitable adjustments or alternative duties were available – further communication between parties relating to compliance with company policy and applicant’s inability to comply – Commission observed lawfulness and reasonableness of directions provided by vaccination policy [Roman] – Commission held direction to assess capacity is lawful – vaccination policy health and safety concerns deemed reasonable [Mt Arthur Coal] – Commission satisfied applicant could not perform inherent requirements of role – respondent had valid reason to dismiss applicant due to applicant’s capacity – other relevant circumstances considered – Commission found dismissal was unfair and unreasonable as respondent failed to adequately provide reasonable adjustments or suitable alternative duties for applicant as an ‘excepted person’ – remedy considered – reinstatement inappropriate – no deductions from compensation – application granted – compensation awarded. U2022/6757 [2022] FWC 3155 Clancy DP Melbourne 29 November 2022
