Shane Koelmeyer
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A blog post by Shane Koelmeyer was featured

Yes, yes, no: FWC rejects employee’s bid to reopen unfair dismissal claim after parties fail to sign terms

One of the first steps that the Fair Work Commission (FWC) takes when dealing with unfair dismissal claims is to require the parties to participate in a conciliation.The purpose of a conciliation is to help the parties resolve the matter without the need go to a full hearing before a FWC member. In its most recent quarterly report on unfair dismissal applications, the FWC reported that about 59% of unfair dismissal claims were settled at conciliation.Settlement at a conciliation constitutes a…See More
Tuesday
2 blog posts by Shane Koelmeyer were featured
Jul 9
Shane Koelmeyer posted blog posts
Jul 9
A blog post by Shane Koelmeyer was featured

Careless whisper – A lesson on the importance of formal communication structures in the workplace

Clear and effective communication structures are crucial to the smooth running of a workplace. Last-minute meetings and unexpected emergencies (especially safety emergencies) mean that messages and information often need to be relayed to employees almost instantly.Thankfully, there are numerous ways in which employers are now able to communicate urgent messages to their employees where doing so in person is not practical, including by email, phone call, text message – or even through social…See More
Jun 21
2 blog posts by Shane Koelmeyer were featured
Jun 19
Shane Koelmeyer posted blog posts
Jun 18
A blog post by Shane Koelmeyer was featured

100% guaranteed – the return to work guarantee under the Fair Work Act 2009 (Cth)

Last month, all eyes were on tennis champion Serena Williams as she returned to her first Grand Slam tennis tournament following the recent birth of her daughter.At the time she left the tennis tour, Williams was the first placed seed, however by the time of her return to participate in the French Open, Williams’ ranking had plummeted to number 453 in the world.Under the Women’s Tennis Association (WTA) special ranking rule, players who have been out of the game due to long-term injury and…See More
Jun 14
2 blog posts by Shane Koelmeyer were featured
Jun 13
Shane Koelmeyer posted blog posts
Jun 12
A blog post by Shane Koelmeyer was featured

I want it that way: FWC upholds dismissal following obstructive and uncooperative conduct of employee and union rep

Where a disciplinary process involves discussions about dismissal, employers should not unreasonably refuse a request from the employee to have a support person present. We have discussed the role of the support person in previous posts. A support person can include a friend, family member, an impartial colleague or a union representative.The presence of a support person or a representative affords the employee a degree of procedural fairness whereby they can turn to a trusted individual for…See More
Jun 7
2 blog posts by Shane Koelmeyer were featured
Jun 5
Shane Koelmeyer posted blog posts
Jun 4
Salli Browning liked Shane Koelmeyer's blog post A New World Language: Managing emojis in the workplace
May 23
A blog post by Shane Koelmeyer was featured

Hush Hush, Hush! Why the term ‘hush money’ is misleading

Settlement agreements, terms of settlement, deeds of release or release and undertakings are all terms which are used interchangeably to refer to the binding and confidential agreements reached between parties in good faith to resolve claims or disputes. Employees can make any number of claims against their employer, including but not limited to:Unfair dismissal claims;General protections claims;Underpayment claims; andDiscrimination claims.These claims can be fully litigated through a court or…See More
May 23
2 blog posts by Shane Koelmeyer were featured
May 22
Shane Koelmeyer posted blog posts
May 21

Profile Information

What would you like to share about yourself?
Experienced Workplace Relations Lawyer specialising in representing & advising Employers from small business to international companies.
Workplace Law is a boutique law firm specialising in all aspects of workplace relations in the areas of Industrial Relations, WHS, Change Management & Workers Compensation for Employers
Company website/blog
http://www.workplacelaw.com.au
How many employees in your company?
1-49
What areas of HR are you particularly passionate about?
Industrial Relations, Employee Engagement, WHS, Performance Management, Workers Compensation for Employers
What kind of networking are you open to?
Open networking, Referrals between friends

Shane Koelmeyer's Blog

Yes, yes, no: FWC rejects employee’s bid to reopen unfair dismissal claim after parties fail to sign terms

Posted on July 9, 2018 at 10:19 0 Comments

One of the first steps that the Fair Work Commission (FWC) takes when dealing with unfair dismissal claims is to require the parties to participate in a conciliation.

The purpose of a conciliation is to help the parties resolve the matter without the need go to a full hearing before a FWC member. In its most recent quarterly report on unfair dismissal applications, the FWC reported that about 59% of unfair dismissal claims were settled at…

Continue

Take me to your leader: FWC Full Bench rejects Aldi’s EAs due to restrictive NERR

Posted on July 9, 2018 at 10:12 0 Comments

A recent decision of the Full Bench of the Fair Work Commission (FWC) has once again confirmed that the precise content and form required for notices of employee representational rights is no trivial matter.

At the commencement of bargaining for a proposed enterprise agreement, employers are required to give relevant employees a notice of employee representational rights (NERR).

The Fair Work Act 2009 (Cth) is very specific about the…

Continue

Welcome to the 21st Century: Social Media and Industrial Action

Posted on July 9, 2018 at 10:08 0 Comments

Most people use social media to keep in contact with family and friends, watch funny cat videos or to share a clever thought or pretty picture. However social media is also recognised as a powerful information sharing tool and many social movements are commenced and advanced online (think hashtags including #metoo, #loveislove).

It is not a surprise then that internet activism is also being utilised by employees in their industrial disputes. In June 2018, staff from the Bureau of…

Continue

Careless whisper – A lesson on the importance of formal communication structures in the workplace

Posted on June 18, 2018 at 10:30 0 Comments

Clear and effective communication structures are crucial to the smooth running of a workplace. Last-minute meetings and unexpected emergencies (especially safety emergencies) mean that messages and information often need to be relayed to employees almost instantly.

Thankfully, there are numerous ways in which employers are now able to communicate urgent messages to their employees where doing so in person is not practical, including by email, phone call, text message – or even through…

Continue

Comment Wall (1 comment)

At 8:56 on March 1, 2018, wayne faulkner said…

Shane - interesting article. Funny but a request for a date might see you on your date - as in on your arse. What constitutes 'a one strike'?

Is it: -- 'Like to join me for a coffee?'  'Look I've got 2 tickets for a movie - I can't use them - can you?'   ' Can I join you at your table for dinner tonight after the conference?'   'We are on the same flight - like to sit together?'    ' I'm wondering if you might like to review my conference paper I'm presenting tomorrow - I'd appreciate you reviewing it. We can meet in the bar and I'll do drinks'    ' I'm flying back business class - i'll see if I can upgrade you"   ' Want to join me for a jog in the morning before the training?'   ' I'll let you into a little secret - I've been offered the job (CEO). I think that you have great potential and would like to chat about your future -will need to do it off-site'

' I know that your recent divorce has caused you great anguish. If you need to talk call me anytime - here is my private number'  ' A few of us are playing the pokies after work - want to come?'

Any of these can be male to female. female to male, male to male, female to female, boss to subordinate, subordinate to boss, gay to gay, hetro to hetro, transgender to transgender, old to young, young to old, et al

Fair dinkum - it's a bloody mine field those policies and will doubtless create great grief!

UNENFORCEABLE!

best - wayne

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