Archive for » May 7th, 2012«

Thomson’s credit card lies confirmed

Recap ... Craig Thomson.

CRAIG THOMSON repeatedly provided false and misleading information during the course of a long investigation into the national office of the Health Services Union, a Fair Work Australia report has found.

The report will intensify the pressure on Julia Gillard to no longer accept Mr Thomson’s vote.

The MP was dispatched to the crossbenches in anticipation of the report but the Opposition Leader, Tony Abbott, said the nature of the findings against Mr Thomson meant the government should no longer accept his vote, an action that would make it impossible for Labor to govern.

Mr Thomson has provided me with information that is false or misleading in so far as the expenditure of HSU funds on escort services is concerned ... investigator Terry Nassios.

“Mr Thomson has provided me with information that is false or misleading in so far as the expenditure of HSU funds on escort services is concerned” … investigator Terry Nassios. Photo: Louie Douvis

In an effort to distance itself further from the troubled MP and his role at the Health Services Union, the government said last night it would legislate to improve the financial disclosure and accountability of unions, increase penalties for breaches of the legislation, ensure future investigations by Fair Work Australia never again take so long, and that the body co-operated with police.

Mr Thomson, who was recently suspended from the Labor Party, was found by Fair Work Australia to have lied when he denied using his union credit card to procure prostitutes – as first revealed in the Herald.

”I can only conclude that it was indeed Mr Thomson who used his credit card to spend the amount of $5793 for the procurement of escort services,” Terry Nassios, the director, organisations, research and advice, said in the 1105-page report.

Mr Nassios’s damning report, the result of a two-year investigation, was released last night by the Senate committee on education, employment and workplace relations.

The report contains damaging allegations against Mr Thomson, who was national secretary of the HSU from 2002 to 2007, when he entered Parliament. Denying he had ever used his HSU credit cards to procure escort services, Mr Thomson had provided ”information that is false or misleading”, the report said.

He was found to have provided false or misleading information about the $103,000 in cash withdrawals made during the period he was national secretary.

Allegations were also levelled against Mr Thomson that he spent more than $250,000 of HSU funds without authorisation ”to advance his prospects of becoming elected to Parliament” when contesting the central coast of seat Dobell in 2007.

As national secretary, Mr Thomson spent $73,000 on wining and dining. Not all of this was on HSU union business, the report found.

Even after he had left the union, Mr Thomson spent another $1425 of HSU funds for his personal benefit.

Mr Nassios examined the six separate occasions credit cards issued to Mr Thomson were spent on prostitutes.

”Mr Thomson claims that these transactions were incurred fraudulently by another person using his credit cards.

”However, the following matters overwhelmingly support an inference that it was Mr Thomson who used his own credit cards to make these transactions,” he said.

For example, $2475 was spent on Sydney Escorts run by Keywed in April 2005. Mr Nassios found Mr Thomson’s mobile phone was used twice to call the escort agency on the evening of April 7, 2005.

Seven separate transactions were processed by Keywed between April 7 and April 9, 2007 but they were spread between Mr Thomson’s two union credit cards, a Diners and a CBA MasterCard.

The report concluded: ”If the transactions were all incurred by another person [as Mr Thomson had suggested], that person must have been able to transact on both cards.”

The report found that ”a signature which bears a strong likeness to Mr Thomson’s” appeared on the receipt and that Mr Thomson’s driver’s licence details appeared on the back of the receipt.

In addition, Mr Thomson’s own hotel accounts established that three times he used his HSU-issued credit cards to pay for phone calls from hotel rooms to escort agencies.

Mr Thomson said yesterday: ”This whole investigation has been nothing short of a joke. It is unprecedented that an investigative body has such little confidence in its report that it seeks parliamentary privilege as a condition of the report’s release.”

Of the 181 contraventions of the Registered Organisations Act that were identified, 156 relate to Mr Thomson.

Only one minor breach related to the present national secretary,

Kathy Jackson, five to the national president, Michael Williamson, who has stood aside, and the rest involve a former auditor, Iaan Dick.

The investigation found numerous examples of unaccounted for expenditure on ”excessive” hospitality and travel in ”an organisation that abjectly failed to have adequate governance arrangements in place to protect union members’ funds against misuse”. The general manager of Fair Work Australia, Bernadette O’Neill, has referred all breaches to the Federal Court for civil action, which means if the court finds against Mr Thomson, he is not disqualified from sitting in Parliament.

The maximum penalty is the imposition of fines.

The report has been given to police in Victoria and NSW, which are conducting criminal investigations into the HSU.


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Geraldo Rivera Hosts Job Fair to Put America Back to Work


NEW YORK, May 7, 2012 /PRNewswire via COMTEX/ –
Newtek Business Services, NASDAQ: NEWT, The Small Business Authority, will be sponsoring the job fair on Tuesday May 15 at The Javits Center in New York City from 11 a.m. to 3 p.m. in an effort to help people get back to work. Geraldo Rivera, host of “Geraldo” on 77 WABC will broadcast live on 77 WABC from the Javits Center from 10 a.m. to noon. Geraldo’s panel will feature Barry Sloane, President and CEO of Newtek Business Services.

President and CEO, Barry Sloane welcomes the opportunity to team up with the iconic journalist from radio and TV fame. “Putting America back to work is clearly a goal of all American citizens and a priority for Newtek Business Services, The Small Business Authority. Through its lending subsidiary Newtek Small Business Finance, we are the nations #1 non-bank SBA 7a lender in 2011 and since our inception, have provided over a half a billion in loans to small business. According to the U.S. Small Business Administration, it is a requirement that a minimum of every $55,000 of funding to small businesses creates or stabilizes one job. Therefore, we are estimating that we have created or saved roughly 9,000 jobs. Our services reduce business expenses, minimize risk and enable small businesses to improve their cash flow, which consequently will allow them to grow and hire more. We are excited to be a part of 77 WABC Radio and Geraldo Rivera’s event to help put Americans back to work and as a primary sponsor are fully supportive of this grand effort.”

About Newtek Business Services, Inc.

Newtek Business Services, The Small Business Authority, provides the following products and services:

Electronic Payment Processing: eCommerce, electronic solutions to accept non-cash payments, including credit and debit cards, check conversion, remote deposit capture, ACH processing, and electronic gift and loyalty card programs.

Managed Technology Solutions (Cloud Computing): Full-service web host, which offers eCommerce solutions, shared and dedicated web hosting and related services including domain registration and online shopping cart tools.

eCommerce: A suite of services that enable small businesses to get up and running on-line quickly and cost effectively, with integrated web design, payment processing and shopping cart services.

Business Lending: Broad array of lending products including SBA 7(a) and SBA 504 loans through its lending subsidiary Newtek Small Business Finance, Inc.

Insurance Services: Commercial and personal lines of insurance, including health and employee benefits in all 50 states, working with over 40 insurance carriers.

Web Services: Customized web design and development services.

Data Backup, Storage and Retrieval: Fast, secure, off-site data backup, storage and retrieval designed to meet the specific regulatory and compliance needs of any business.

Accounts Receivable Financing: Receivable purchasing and financing services.

Payroll: Complete payroll management and processing services.

Newtek Business Services, Inc., The Small Business Authority, is a direct distributor of a wide range of business services and financial products to the small- and medium-sized business market under the Newtek® brand. Since 1999, Newtek has helped small- and medium-sized business owners realize their potential by providing them with the essential tools needed to manage and grow their businesses and to compete effectively in today’s marketplace. Newtek provides its services to over 100,000 business accounts and has positioned the Newtek® brand as a one-stop-shop provider of such business services. According to the U.S. Small Business Administration, there are over 27.5 million small businesses in the United States, which in total represent 99.7% of all employer firms.

Note Regarding Forward Looking StatementsStatements in this press release including statements regarding Newtek’s beliefs, expectations, intentions or strategies for the future, may be “forward-looking statements” under the Private Securities Litigation Reform Act of 1995. All forward-looking statements involve a number of risks and uncertainties that could cause actual results to differ materially from the plans, intentions and expectations reflected in or suggested by the forward-looking statements. Such risks and uncertainties include, among others, intensified competition, operating problems and their impact on revenues and profit margins, anticipated future business strategies and financial performance, anticipated future number of customers, business prospects, legislative developments and similar matters. Risk factors, cautionary statements and other conditions, which could cause Newtek’s actual results to differ from management’s current expectations, are contained in Newtek’s filings with the Securities and Exchange Commission and available through
http://www.sec.gov .

Rubenstein Public Relations Telephone: (212) 843-9335 Contact: Jonathan Goldberg / jgoldberg@rubensteinpr.com

SOURCE Newtek Business Services, Inc.

Copyright (C) 2012 PR Newswire. All rights reserved


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Government employment blueprint has serious flaws

The Irish Times – Monday, May 7, 2012

TOM MALLON

THE DEPARTMENT of Jobs, Enterprise and Innovation has published a Blueprint to Deliver a World-class Workplace Relations Service which proposes a two-tier structure consisting of a body of first instance to adjudicate on all complaints with a single factual appeal. The blueprint envisages that all of the initial adjudicative procedures undertaken by the Equality Tribunal, Rights Commissioners, the Employment Appeals Tribunal (EAT) and the Labour Court will be undertaken by Workplace Relation Commission Adjudicators with a single appeal to the Labour Court. Further appeals may go only on a point of law to the High Court.

The proposed legislation will result in the winding up of the EAT, and it is envisaged that all of the work of that body and the other additional work of the Labour Court can be undertaken by increasing its make-up from three divisions to four with one or two additional chairpersons.

Despite the fact that individual employment disputes such as unfair dismissal rank among the most serious matters that individuals will ever litigate, the proposal suggests that all of these matters will be determined, at first instance and on appeal, by bodies where the adjudicators will have no requirement whatsoever that they be qualified in law. Complex legal issues will have to be determined involving the interpretation and application of Irish and European law.

The blueprint bizarrely requires that the registrar be an experienced and qualified lawyer. His/her role is for the management of complaints in an effective and efficient way. Why that person needs to be a lawyer when none of the adjudicators requires such a qualification is not understood. An employee who loses his job or an employer who is accused of discriminating against an employee will not have their dispute determined or reviewed by any judge or legally qualified person other than during a final appeal in the High Court.

There must be a very serious doubt that the proposals comply with Ireland’s obligations under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.

The Labour Court cannot be criticised and indeed must be praised for the significant work that it does in resolving collective industrial relations disputes. The skills, however, required for adjudicating on such disputes are significantly different than those which are required to adjudicate on individual disputes involving complex issues of law.

The blueprint, if implemented as published, will create a number of quite extraordinary situations including the possibility that a claim will be rejected, without hearing, if it is deemed to be out of time. It also proposes that the Labour Court might examine whether a claim is “sufficiently meritorious” to proceed to an appeals hearing. The constitutionality of this proposal must be questionable.

The need for reform is undoubted. The present multi-forum system with inefficiencies and unacceptable delays must be changed. But the suggestion that all of the work currently undertaken by the EAT can be absorbed into the Labour Court by the establishment of, in essence, one additional division to the present three is questionable.

In 2010, the Labour Court received a total of 1,452 referrals. It completed 1,086 cases in that year. The EAT in 2010 had a total of 8,778 cases referred to it and it disposed of 6,064. It is impossible to envisage the Labour Court, even with an additional division, dealing with the EAT volume in addition to all its other work.

The blueprint is, in my view, fundamentally flawed and will not deliver the necessary improvement in the current unacceptable and somewhat chaotic process. The blueprint suggests some procedures which are constitutionally doubtful and in this regard it is well to remember that the Labour Court itself on its website confirms that it is not a court of law.

Under these proposals it will be, and will in fact be the only court of law dealing with factual disputes of huge importance to individual employees and employers. Irish citizens are entitled to have disputes concerning one of the most significant relationships, that of employer and employee, determined by an appropriately qualified and independent tribunal. Altering the entire structure of the Labour Court will not only not deliver the necessary reforms but could have a significant adverse effect on the success of that body in its industrial relations role.

Tom Mallon is a barrister and chairman of the Employment Bar Association of Ireland. This is an abbreviated version of comments made by him at the launch of the Arthur Cox Employment Law Yearbook 2011 

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Gov. Scott Creates Task Force To Reform State University System

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Gov. Rick Scott has created another task force. It comes on the heels of his new public safety panel charged with examining the Stand Your Ground law. This one will concentrate on reforming the State University System.

Scott says the Blue Ribbon Task Force on State Higher Education Reform will look at how the State University System is governed. “It’s time to assess the progress of prior reform efforts and identify strategies to improve efficiencies and enhance the system’s effectiveness as an economic catalyst,” said Scott.

The Governor’s Office says the focus on higher education will help give Florida a competitive edge in growing the economy and creating jobs.

At a bill signing ceremony in Jacksonville, Scott said, “All of us know that we’ve got to make sure that our students that are going to our universities are getting degrees where they can get jobs. This will help focus on that and make sure we don’t waste any dollars.”

The announcement came just a week after the governor vetoed the preeminence tuition bill for University of Florida and Florida State University. It would have allowed UF and FSU, as the state’s top two research universities, to hike tuition above the 15 percent cap.  Before he will allow a tuition increase, Scott said the Board of Governors must first review each of the state’s 12 public universities to identify potential cost savings and efficiencies.

The task force will be chaired by Dr. Dale Brill, president of the Florida Chamber Foundation and a former faculty member at Florida State University. Six additional members will be chosen by legislative and educational leaders.

Board of Governors Chairman Dean Colson sent Scott a letter saying the board will also form two more panels to look at online education as well as ease of access to getting a degree.

The Blue Ribbon Task Force on State Higher Education Reform will hold its first meeting in late May. Following a series of workshops, it will send recommendations to Gov. Scott by mid-November.


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