Shane Koelmeyer's Blog – January 2018 Archive (5)

No Vacancy: Employee’s drunken attempt to re-enter workplace warranted dismissal

An employer who relied on their zero-tolerance alcohol policy when dismissing an employee who drunkenly tried to access the workplace out-of-hours has successfully defended the dismissal before the Fair Work Commission (FWC).

In Lewer v Inco Ships T/A Inco Ships Pty Ltd [2017] FWC 6666, the FWC heard that an employee, who worked on a tanking vessel, attempted to re-enter the vessel after dinner and a few drinks so that he could sleep-off the alcohol. When he…

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Added by Shane Koelmeyer on January 10, 2018 at 13:24 — No Comments

Lawful but not reasonable: Employer unreasonably ends Bryon Bay “work from home” arrangement

Employees have an implied duty to obey their employer’s reasonable and lawful directions. Whilst employers cannot direct an employee to engage in conduct which is unlawful, the reasonableness of an employer’s direction will depend on the individual circumstances.

In Parkes v Fat Prophets Pty Ltd [2017] FWC 6121, the Fair Work Commission (FWC) held that an employer’s “unreasonable ultimatum” to an employee that he relocate to Sydney or lose his job was a…

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Added by Shane Koelmeyer on January 10, 2018 at 13:13 — No Comments

Puddle trouble: $275,000 damages bill flows from shallow puddle injury

In a recent decision of the Victorian County Court, a university has been ordered to pay $275,000 in damages to a security control room operator who worked on the university campus (Savage v Monash University and Programmed Maintenance Services Ltd [2017] VCC 1774).

The control room operator was walking from her car to the security control room in steel capped boots when she stepped through a puddle onto the uneven surface below and injured her ankle. The ankle injury…

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Added by Shane Koelmeyer on January 10, 2018 at 12:54 — No Comments

I can show you the world – Misleading and deceptive conduct in recruitment

During the recruitment process, employers want to present their best side to prospective employees in order to entice top talent to join them. Employers can potentially expose themselves to litigation for representations made or made on their behalf that are misleading and deceptive and later relied upon by prospective employees in the recruitment process. 

The Australian Consumer Law (ACL) provides that it is illegal for a business to engage in conduct that…

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Added by Shane Koelmeyer on January 10, 2018 at 12:30 — No Comments

In the box to the left – The return of employer uniforms on termination of employment

Ending the employment relationship can sometimes be difficult and often, those responsible for facilitating the termination are so relieved to have it all over that they don’t worry about pursuing the return of seemingly insignificant employer property, like used uniform items.

The return of uniform items at the end of employment, particularly those with company branding, can seem like quibbling over something small. However, the purpose of pursuing the return of such property is not…

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Added by Shane Koelmeyer on January 10, 2018 at 12:25 — No Comments

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