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Ask Judith
YOUR RIGHTS Ask Judith
When it comes to your rights and entitlements at work, NSWNMA Assistant General Secretary Judith Kiejda has the answers.
Investing in your future
Superannuation is again in the news, as a push is on to stop the super increases occurring next year. This would mean that rather than employer contributions going to 10 per cent from 1 July 2021, it will stagnate on the current 9.5 per cent. Union members fought for superannuation to be paid on top of wages because all workers should retire with dignity. It was part of a compact made decades ago with the Hawke/Keating governments. It was to provide not only a retirement income for all workers, but also reduce the reliance on sustaining retirement solely on a pension (and in turn reduce the drag on the public purse). In addition, your superannuation funds amount to billions of dollars invested in Australian infrastructure projects that create jobs here. That’s an important contribution to helping Australian families and communities. Super is not perfect. Women now retire on average with 47 per cent of the superannuation of men. Women over 50 are the fastest growing group of homeless people in Australia. There are real and growing barriers that women face in getting a good retirement. Freezing employer super contributions under the guise of COVID-19 is misconceived and will only worsen this divide. It robs from your future to supposedly address a problem of today (setting aside it just doesn’t end up as additional profits). This is simply not good enough when wage increases are scarce or resisted. Your future, and that of our country, is too important to become prey to short-termism. P.S. For those approaching retirement, make sure you do not have any super accounts sitting idle from earlier periods of employment. For example, if you resigned and were lost to SASS, and when resuming employment became part of First State, your previous monies may not have been automatically rolled over.
Aged care retention payment – complaints
I work occasional shifts at an aged care facility but have not received the aged care retention bonus. How do I follow up or complain? If you meet the eligibility criteria, and believe that you are owed the retention payment, you can utilise a complaint process now established by the Commonwealth Department of Health. It requires you to complete an Aged Care Workforce Retention Payment enquiry form. On receipt of the form, the department will let you know if they can help or not. If they can help you, they will contact your employer, if you let them, to find out more (they will tell you when they do this). They will look at all the information from you and your employer and make a decision and let you know the outcome. If the evidence shows wrongdoing by your employer, the department may also take audit action. The enquiry form can be accessed at the following link: https://www.health.gov.au/ resources/publications/agedcare-workforce-retentionpayment-enquiry-form
Suitable duties
I injured myself at work and require modified duties, which the workplace was providing. However, the insurer has rejected the claim and the duties have been withdrawn. I have been left in limbo on my own leave. Is this right? Without going into the detail and complexity of the legislation that covers all injured workers in NSW, if an insurer has rejected your claim, you have a right to challenge this decision. When you challenge their decision, you are required to be treated as if the claim had been accepted (pending its resolution). Accordingly, the workplace has an obligation to pursue and hopefully identify suitable duties that is in keeping with any medical restrictions to facilitate your return to work. However, this is general advice and as a member you can contact the Association and we can provide a referral to NEW Law, who will assess the refusal by the insurer and assist with any appropriate appeal. If that was to occur, the Association can make representations to the employer for your return on suitable duties.
Service Check Register
I work at a public hospital and recall reading in The Lamp last year about a review of the Service Check Register used by LHDs. How did that work out as a colleague of mine was unfairly placed on the SCR a few years ago and it was a nightmare to get off it? Due to COVID-19 and a few other hold ups, the revamped Service Check Register Policy Directive is yet to be finalised by the Ministry of Health. However, it is still anticipated that after persistent representations and agitation by the Association, a revised Policy Directive will be issued in the coming months and one that we anticipate will reflect a more targeted use towards the more serious situations/events, and not as some default setting (or as a form of punitive action in itself). Watch this space!
Marion Smith
(1891–1957)
Marion Leane Smith was an Australian-Canadian nurse. She was of Dharug descent and the only identified Aboriginal Australian woman to serve in the First World War, volunteering among the 3141 Canadian nurses. In 1917, Marion enlisted with Queen Alexandra's Imperial Nursing Service and served with the No. 41 Ambulance Train in France. The ambulance trains were designated to transport injured soldiers from the front lines to military hospitals, and were known to be difficult environments in which to work. Afterwards, she went to Italy with the Italian Expeditionary Force and to the University War Hospital in Southampton, UK. Marion returned to Canada in 1919 and married veteran Victor Walls. The couple moved to Trinidad, where Victor served as headmaster of Naparima College. Marion wrote the school's hymn and created its dormitory infirmary.
She served as commandant for the first iteration of the Red Cross at the Second World War, as well as leading the Nurses Council. Marion was awarded a Distinguished War Service Medal for her service.
a n d m i d w i v e s C e l e b r a t i n g h i s t o r i c a l n u r s e s
Photo courtesy of UCCA (United Church of Canada Archives), 76.001P/6954 Rev. Victor B. Walls and Mrs. Walls, Trinidad, B.W.I., [193-?]
