C2001/1469, Transcript of Proceedings [2001] AIRCTrans 589 (12 April 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C NO 2001/1469

ALHMWU

AND

MALAK FAMILY CENTRE

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

DARWIN

FRIDAY, 23 MARCH 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.47am]

PN1

THE COMMISSIONER: The Commission has had the opportunity to consider the evidence and submissions in this matter.

PN2

Ms Nania has been employed by the Malak Family Centre for some five years and since 1998 has had several operations over approximately a two year period which resulted in absences of up to 256 days in 1999. Annual leave, sick leave entitlements were used up and a considerable amount of unpaid leave was granted.

PN3

The Centre is a small centre engaging approximately a dozen employees. The absences of Ms Nania have had an impact on the other staff at the Centre and the general running of it. Her husband has also suffered as a result of an accident and apparently will not work again.

PN4

Both Ms Nania and her husband wish to travel to Italy to visit her husband's family. Ms Nania's surgeon has recommended a rest period but he did not quantify what length that period should be.

PN5

The fact that such a large amount of time has been allowed away from work and certainly in excess of agreement entitlements, the employer has displayed a level of compassion and patience.

PN6

Associate Professor Rourke described Ms Nania's experience as having been a period of very severe illness. Ms Nania has given evidence that she intends to return and wants to return to her position following approximately three months overseas.

PN7

The Commission does not generally interfere in staffing issues unless it can be shown that an employer has acted unreasonably or perhaps jeopardised an employee's safety. Here, the Centre needs to provide - with due care regular, consistent and economically - provide to the children in their care with, amongst other things, meals of an acceptable standard which Ms Nania has satisfactorily provided in her time of attending work since 1996.

PN8

The Centre's governing committee now wishes to proceed to employ a part-time cook to not only cover the period of three months from 30 March until approximately 2 July this year, but to employ someone on a regular part-time employment basis.

PN9

This is as opposed to having current staff try to cover the shortfall or to engage relief staff. The Commission has been advised that there are difficulties in attracting suitably qualified short-term relief staff.

PN10

Having considered all of the evidence and circumstances of the matter and in accordance with the Malak Family Centre Certified Agreement 2000 Disputes Procedure contained in clause 1, the settlement of this matter is that the Commission finds that it is not unreasonable for Nania's requests for unpaid leave to have been refused.

PN11

Ms Nania has, on 23 February, been offered to have her name put on the casual relief roster, however this was rejected. The Commission recommends that the offer should be available to Ms Nania on her return from overseas.

PN12

Further, circumstances may have changed for one or both parties by July and it may be that those changes mean that the parties can give the matter further consideration.

PN13

The matter stands adjourned sine die.

END OF EXTRACT [11.55am]