Shane Koelmeyer's Blog – August 2017 Archive (12)

All Eyes on Me: Workplace surveillance

Technology is often used to make the performance of our daily or work tasks easier – however it has become increasingly sophisticated and can now be used to measure and monitor our every move and task.

Recently, financial institution Barclays introduced a new tracking devices system called “OccupEye” underneath employee workstations in the UK. The…

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Added by Shane Koelmeyer on August 31, 2017 at 17:32 — No Comments

To join or not to join: Employee found to have bullied co-worker to join union not unfairly dismissed

Bullying complaints can often be difficult to manage and investigate, particularly when they involve allegations about the exercise of a workplace right to join or not join a union.

In King v The Trustee for Bartlett Family Trust T/A Concept Wire Industries [2017] FWC 3867, the Fair Work Commission (FWC) considered an unfair dismissal…

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Added by Shane Koelmeyer on August 31, 2017 at 17:04 — No Comments

“All spaghetti and no meatballs”: FWO seeks penalties against a restaurant that deliberately disregarded advice and underpaid employees

It is no secret that the Fair Work Ombudsman (FWO) has been cracking down on employers breaching their employment obligations under the Fair Work Act 2009 (Cth) (the FW Act) and exploiting vulnerable workers in order to gain financial and competitive advantage.

Indeed, the Federal Government is very close to passing a Bill…

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Added by Shane Koelmeyer on August 31, 2017 at 16:51 — No Comments

I’ll get my people to call your people: Employee awarded compensation after employer sidesteps representative

Allegations of workplace bullying can present some of the most demanding circumstances that an employer will face in the course of the employment relationship. There is the initial response to consider, an investigation, the possibility of counter allegations and, of course, the potential involvement of lawyers and unions.

The Fair Work Commission…

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Added by Shane Koelmeyer on August 31, 2017 at 16:45 — No Comments

“WCI: NSW – Workplace Conduct Investigation”

Warning for employers relying on investigation reports in a termination   

What happens when the relationship of trust necessary between an employer and an employee breaks down? As the employer, who do you trust when you are trying to ensure honesty in the workplace?…

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Added by Shane Koelmeyer on August 31, 2017 at 16:38 — No Comments

The one that got away: Correctional services officer reinstated following inmate escape

In a recent decision of the NSW Industrial Relations Commissions (NSW IRC), a senior corrective services officer (the Employee) was reinstated following his dismissal for involvement in an incident which lead to the escape of a maximum security inmate (Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051).…

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Added by Shane Koelmeyer on August 30, 2017 at 17:48 — No Comments

A diamond (miner) in the rough – Mining employee validly dismissed for incident management breaches

It’s been said many times before, but we simply can’t understate the importance of employers enforcing health and safety policies and procedures in the workplace, including incident management procedures. These policies and procedures can save lives and limbs and allow employers to investigate incidents to prevent future occurrences. 

The…

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Added by Shane Koelmeyer on August 22, 2017 at 15:11 — No Comments

“Oh Behave! : What is a workplace Code of Conduct?”

At Workplace Law, we work with our clients to help them establish a set of workplace values and a Code of Conduct to set the standards expected from all employees.

Google’s much-publicised decision to dismiss an employee in America who wrote an internal memo to all staff criticising the tech company’s diversity policies has highlighted the necessity…

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Added by Shane Koelmeyer on August 22, 2017 at 14:56 — No Comments

Doctor, Doctor: Full Bench rejects appeal from employee who altered medical certificate

Employers and human resources professionals may often be provided with medical certificates which they are not quite sure about, prompting them to look at the certificate a bit more closely.

In Bluzer v Monash University [2017] FWCFB 4032, the Full Bench of the Fair Work Commission (FWC) considered an appeal against a decision to…

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Added by Shane Koelmeyer on August 22, 2017 at 14:51 — No Comments

Better safe than sorry – Best practice for dealing with poor performance issues

Here at Workplace Law, we regularly assist clients with unfair dismissal claims, which often involve disputes over performance management processes and meetings.

Performance issues can be some of the most difficult for employers to manage and when performance management results in disciplinary action, employers need to be on the front foot to protect…

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Added by Shane Koelmeyer on August 11, 2017 at 11:30 — No Comments

“Dear all...” – FWC finds employee’s heated mass email a valid reason for dismissal

Email, in one form or another, has been around for more than 40 years but employers and employees are still coming to grips with how to manage email etiquette in the workplace.

In a recent decision of the Fair Work Commission (FWC) (Mr Andrew Pearce v Viva Energy Refining Pty Ltd [2017] FWC 3817), an employee was validly dismissed for…

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Added by Shane Koelmeyer on August 10, 2017 at 16:22 — No Comments

To everything there is a season: Ski employee was not dismissed

The Fair Work Commission (FWC) has dismissed an application for unfair dismissal in Bosley v Kosciuszko Thredbo Pty Ltd [2017] FWC 3763, upholding the jurisdictional objections of the employer.

Mr Bosley was employed as a fulltime seasonal employee in the ski patrol team and had worked in this capacity for the past 13 ski seasons. His…

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Added by Shane Koelmeyer on August 10, 2017 at 16:10 — No Comments

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