Shane Koelmeyer's Blog (204)

Flexed to the limit: How the Fair Work Act encourages flexibility in the workplace

A recent survey conducted by global workplace solutions group, ManpowerGroup, has revealed that almost 90% of workers are opting for, or at least open to, arrangements that allow for flexibility in lieu of traditional “9 to 5” work arrangements.

The research report, #GigResponsibly – The Rise of NextGen Work, uses the term “NextGen Work” to…

Continue

Added by Shane Koelmeyer on November 7, 2017 at 12:00 — No Comments

Safety not guaranteed – Workplace bullying and work health and safety

The anti-bullying measures in the Fair Work Act 2009 (Cth) were introduced in response to the Government Inquiry report, Workplace Bullying: We Just Want it to Stop, which recognised the problem of bullying in workplaces as both an industrial relations issue, and a risk to the work health and safety of workers.

The SafeWork Australia…

Continue

Added by Shane Koelmeyer on November 7, 2017 at 11:48 — No Comments

Why, I do declare! – Statutory declarations in the employment context

In Australia, we rely on statutory declarations for a range of purposes, from declaring identity details when documents are lost to making statements about particular situations, including in the employment context.

What is a statutory declaration?

In…

Continue

Added by Shane Koelmeyer on November 7, 2017 at 11:31 — No Comments

Say it, don’t spray it: Paint gun operator summarily dismissed for serious misconduct

The Fair Work Regulations 2009 provide a non-exhaustive list of instances that might constitute “serious misconduct” warranting summary dismissal. We have previously discussed these Regulations and what might or might not constitute serious misconduct in our blog, “If I can be serious for a moment – getting serious about serious…

Continue

Added by Shane Koelmeyer on November 6, 2017 at 13:01 — No Comments

Top of the food (supply) chain: Woolworths enters compliance deed to eliminate trolley collector exploitation

Earlier this year, we told the tale of the of the trolley collectors in Once upon a trolley – an ongoing saga involving underpayments, vulnerable workers and the Fair Work Ombudsman’s (FWO’s) scrutiny of labour supply chains. In that blog, we focussed on an enforceable undertaking that involved Coles supermarkets and the…

Continue

Added by Shane Koelmeyer on November 6, 2017 at 12:52 — No Comments

Let me restart: Anti-bullying orders issued to employer and employee to reset the employment relationship

The anti-bullying jurisdiction of the Fair Work Act 2009 (Cth) (FW Act) gives the Fair Work Commission (FWC) a broad power to make any order it considers appropriate to prevent a worker from being bullied at work (except an order which requires monetary payment).

In Burbeck v Alice Springs Town Council; Davison; Price;…

Continue

Added by Shane Koelmeyer on November 6, 2017 at 10:58 — No Comments

The student becomes the master: When work experience turns into paid employment

Earlier this year, we wrote about the growing concern of an increasing number of people being engaged in unpaid work that was unlawfully described as work experience, a vocational placement or an internship (see our blog “The Intern”).

When engagements of this kind are legitimate,…

Continue

Added by Shane Koelmeyer on November 2, 2017 at 16:00 — No Comments

Bye, Bye, Bye – Is your business ready for sudden senior leadership departures?

The sudden resignation of the head coach of the Western Sydney Wanderers (the Club) was a shock to the Club and to the wider A-League football community.

The head coach advised the Club just one week before the start of the A-League season that he would be leaving immediately to take up a coaching role at an international club, and in the…

Continue

Added by Shane Koelmeyer on November 2, 2017 at 15:38 — No Comments

The INNS and outs of adverse action: FWO prosecutes hotel owner for underpaying employees because of race

In its first ever underpayment prosecution relying on the race discrimination provisions of the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Ombudsman (FWO) has successfully established that two employees of Chinese descent and Malaysian extraction were underpaid because of their race and/or national extraction (Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017] FCCA 229).…

Continue

Added by Shane Koelmeyer on November 2, 2017 at 15:16 — No Comments

Part 3: End of the line – Older workers and discrimination on termination of employment

In Part 1 of our blog series on older employees, Selfie time – Video “Snaplication and the potential for age discrimination in recruitment, we looked at age discrimination in the recruitment process.

At the other end of the…

Continue

Added by Shane Koelmeyer on October 17, 2017 at 14:43 — No Comments

Part 2: Just Google it – Age discrimination and technology in the workplace

In the modern day workplace, employers are becoming increasingly reliant on computer systems and introducing new forms of technology and equipment to increase productivity and output. It is often therefore a requirement that employees be proficient in certain computer programs or, at least, that they undergo training to become proficient.…

Continue

Added by Shane Koelmeyer on October 16, 2017 at 16:30 — No Comments

Part 1: Selfie time – Video “Snaplications” and the potential for age discrimination in recruitment

We’ve all heard of “blind” recruiting, particularly in the early phases of the recruitment process, but what about the opposite? Actively recruiting based on a visual medium? Look no further than the “Snaplication.”

The Snaplication is an online video job application that can be made and submitted using social media app Snapchat. The Snaplication is…

Continue

Added by Shane Koelmeyer on October 16, 2017 at 16:00 — No Comments

#TakeAKnee: Can employers legally dismiss an employee for “taking a knee”?

The world has been following the NFL with keen interest these past few weeks after President Trump called on NFL owners to fire players who refused to stand for the US national anthem and flag before a game – raising interesting questions for us sports-loving employment lawyers.

The “Take a Knee” movement was started in 2016 by former San Francisco…

Continue

Added by Shane Koelmeyer on October 11, 2017 at 16:21 — No Comments

Is this thing on? Recording meetings and other strategies for substantiating workplace discussions

All too often workplace disputes arise out of conversations or meetings where the participants have wildly different versions of events. The parties then end up before a court or the Fair Work Commission (FWC) where a judge or FWC member is tasked with deciding whose evidence they prefer – essentially, who appears to be more credible and reliable.…

Continue

Added by Shane Koelmeyer on October 11, 2017 at 16:05 — No Comments

Someone to Lean On: Who can be a support person?

In determining whether an employee’s termination was harsh, unjust or unreasonable, s 387 of the Fair Work Act 2009 (Cth) (FW Act) provides a list of criteria the Fair Work Commission (FWC) will consider. One such criterion is whether there was any unreasonable refusal by the employer to allow the person to have a support person present in any discussions relating to dismissal.…

Continue

Added by Shane Koelmeyer on October 11, 2017 at 15:31 — No Comments

Flushed away – Teacher compensated for disclosure of health information on note found in staff toilet

From the moment an individual applies for a job, an employer has collected personal information about that person. As the employment relationship continues more and more personal information about the individual is collected – and for legitimate reasons.

Some information may relate to the practical side of the employment relationship like contact…

Continue

Added by Shane Koelmeyer on October 11, 2017 at 15:14 — No Comments

Leavin’ on a jet plane: Refusing requests for annual leave

A recent decision of the Fair Work Commission (FWC) has highlighted the importance of correctly managing employees’ requests for annual leave (Adriana Stevens v Horsley Park Supermarket Pty Ltd T/A Carlo’s IGA Horsley Park [2017] FWC 4626).

The employee in question was dismissed from her employment as a Duty Manager in a supermarket…

Continue

Added by Shane Koelmeyer on October 11, 2017 at 14:45 — No Comments

I’ll txt u the deets: The perks and pitfalls of texting in the employment relationship

There is no doubt that we are glued to our phones, our mobile phones to be specific. In 2016, the Australian Communications and Media Authority reported that 5.78 million Australians no longer have a fixed-line telephone at home, relying solely on their mobile phones to communicate with others. A 2016 Deloitte study found that 27% of Australian mobile consumers claimed to not have made any standard voice calls in a given week,…

Continue

Added by Shane Koelmeyer on September 29, 2017 at 13:18 — No Comments

New car, zero interest (in employee’s wages): Labour-hire operator gets referral to public prosecutor for non-payment of wages

The power of the courts to make orders in response to a contravention of a provision of the Fair Work Act 2009 (Cth) (FW Act) is a broad one. It is derived from section 545(1) of the FW Act, which states:

“The Federal Court or the Federal Circuit Court may make any order the court considers appropriate if the court…

Continue

Added by Shane Koelmeyer on September 29, 2017 at 13:04 — No Comments

Swing and a miss: Dismissal for injured employee discovered playing golf

In unfair dismissal applications, the Fair Work Commission (the Commission) must look at the factors under section 387 of the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.

The first of these factors is whether there was a ‘valid reason’ for the dismissal relating to…

Continue

Added by Shane Koelmeyer on September 29, 2017 at 12:50 — No Comments

© 2017   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service