Shane Koelmeyer's Blog – September 2017 Archive (6)

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,…

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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…

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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…

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

Crime and Punishment: FWC says unacceptable comment in the workplace didn’t warrant dismissal

Managing workplace behaviour is a balancing act for employers and HR. Some workplace policies provide examples of unacceptable behaviour and how to deal with it, but these policies cannot hope to address all types of behaviour or prescribe every appropriate redress. Employers need to exercise some judgment when they become aware of inappropriate behaviour and consider carefully whether an employee’s conduct will warrant…

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Added by Shane Koelmeyer on September 25, 2017 at 15:47 — No Comments

Ruse of the Guardians: Employee dismissed for fraudulent workers compensation claim

In Willmot v BlueScope Steel Limited [2017] FWC 4309, the Fair Work Commission (FWC) considered an unfair dismissal application made by an employee who was summarily dismissed for serious misconduct in relation to his worker’s compensation claim.

Mr Willmot (the Employee) was employed by BlueScope Steel Limited (Employer)…

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Added by Shane Koelmeyer on September 25, 2017 at 15:14 — No Comments

Reinstated and it feels so good: FWC finds General Manager’s redundancy based on consultant’s recommendation not genuine

When employers conduct an organisation-wide review of their operations, it can be both an exciting and challenging time. There are significant gains to be made by identifying inefficiencies and addressing them.  However, the desire to move too swiftly and rush this process should be avoided. Moving too fast may result in employers either intentionally or unintentionally disregarding their legal obligations to…

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Added by Shane Koelmeyer on September 25, 2017 at 15:03 — No Comments

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