C2005/1689, Transcript of Proceedings [2005] AIRCTrans 1217 (26 May 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

---


Workplace Relations Act 1996 11582-1

SENIOR DEPUTY PRESIDENT DRAKE

C2005/1689

SALVATION ARMY EMPLOYMENT PLUS
AND
MR JOE DALMATI
s.99 - Notification of an industrial dispute
(C2005/1689)

SYDNEY

3.56PM, MONDAY, 16 MAY 2005

PN1

THE SENIOR DEPUTY PRESIDENT: There has been conciliation in this matter this afternoon. The parties have reached an agreement about the terms of correspondence to be sent to a specialist cardiologist who has been agreed between the parties. The correspondence which will be sent from the Salvation Army to the agreed cardiologist will be subject to the formal parts confirming the appointment and other irrelevant matters. The substantive part of the correspondence is as follows. The first paragraph:

PN2

We agree an independent medical assessment of Dr Dalmati's fitness to undertake the full duties of the position "Employment Consultant" with The Salvation Army Employment Plus ("TSAEP").

PN3

Mr Dalmati commenced employment with TSAEP on 4 April 2000 as an Administration Officer and was subsequently employed as an Employment Consultant. Whilst at home in May 2003 he suffered a heart attack. After a period of sick leave, whilst receiving treatment, he returned to work on 26 May 2003.

PN4

Your advice is sought on Mr Dalmati's fitness to perform his duties as an Employment Consultant, which is his substantive position. Dr Alan Edwards, Mr Dalmati's treating cardiologist, has indicated that Mr Dalmati is fit to "undertake his previous employment". However, this statement does not specify the duties to be performed by Mr Dalmati. Accordingly, we seek this appointment for you to assess Mr Dalmati's fitness to perform the duties described in the position description and contextual statement for the substantive position occupied by Mr Dalmati.

PN5

The position description and contextual statement and the reports provided to us by Dr Edwards are attached for your information.

PN6

Please advise as soon as possible your opinion as to Mr Dalmati's fitness to return to work in the position described in those documents.

PN7

It is agreed that attached to that letter will be the copy of a report of Dr Alan Edwards, Cardiologist, dated 23 March 2005, 25 January 2005 and a position description prepared 15 March 2004 and updated 30 June 2004 for the position title consultant which is a four page document. This notification has been resolved on the terms that this letter is sent with the enclosed attachment and that Mr Dalmati attends the medical appointment arranged. Either party has leave subsequent to the receipt of the cardiologist's report to have the matter listed before me should further need arise. For the moment the matter is stood over generally. Thank you.

<ADJOURNED INDEFINITELY [4.00PM]