Mr Phill Tsingos v Holy Spirit Northside Private Hospital Ltd

[2016] FWC 3718

[2016] FWC 3718

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

Mr Phill Tsingos
v
Holy Spirit Northside Private Hospital Ltd
(C2015/7955)

COMMISSIONER BOOTH BRISBANE, 8 JUNE 2016

Alleged dispute about the alleged discriminatory treatment of Mr Tsingos.

[1] This Statement concerns an application by Mr Phill Tsingos for the Fair Work Commission (the Commission) to deal with a dispute arising under the Holy Spirit Northside and QNU – Nurses Enterprise Agreement 2012-2015 (the Agreement). The Agreement is an enterprise agreement, and includes a term that provides a procedure for dealing with disputes, for the purposes of s.738(b) of the Fair Work Act 2009 (the Act). Section 738 requires or allows the Commission to deal with the dispute.

Purpose of the Statement

[2] The purpose of this Statement is to document the outcomes of conciliation conferences held on the 3 February 2016 and ending on the 19 May 2016 to deal with the dispute.

Background

[3] Mr Tsingos was suspended from duties following an allegation of a breach of the Code of Conduct as a result of Mr Tsingos seeking to conduct a media interview. Mr Tsingos did not conduct the interview.

Outcome

[4] Following the conciliation conducted by the Commission the parties have agreed as follows:

(i) It is now agreed by the parties that the media interview has not resulted in any disciplinary action against Mr Tsingos.

(ii) Disciplinary action has been removed from Mr Tsingos’ employee file.

(iii) Mr Tsingos’ behaviour did not warrant a first and final warning and as such the first and final warning has been revoked.

(iv) Mr Tsingos will be paid wages lost by virtue of his suspension.

(v) The parties are willing to work together going forward therefore as part of this agreement, the parties will enter into discussions auspiced by the Commission in relation to Mr Tsingos’ role as a delegate on behalf of the Nurses Professional Association of Queensland Inc. at the hospital.

COMMISSIONER

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