Shane Koelmeyer's Blog – October 2015 Archive (6)

“Rock, paper, scissors: injury, illness or disability?”

In July 2015 the Federal Circuit Court of Australia (the Court) delivered its judgment in Huntly v State of NSW, Department of Police and Justice (Corrective Services NSW) [2015] FCCA 1827 (Huntly’s case).

The Court found that Corrective Services NSW unlawfully discriminated against Huntly and failed to make reasonable adjustments after she was diagnosed with Crohn’s Disease. As a result, the Court ordered that Corrective Services NSW pay Huntly, a former employee, more than $180,000…

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Added by Shane Koelmeyer on October 30, 2015 at 9:30 — No Comments

“It’s all about the process: What to consider in the Disciplinary Process”

As highlighted previously in our “Todd Carney” blog series: “The importance of procedural fairness – “it’s all about the process” and “Off the clock – employer interest in employee’s out of work conduct”, the main argument raised by Carney in his sacking from the Cronulla Sharks was that he was denied procedural fairness prior to his termination.

It is often tempting for employers, particularly when under external pressure (for example, from customers, clients, sponsors etc) to…

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Added by Shane Koelmeyer on October 27, 2015 at 10:00 — 1 Comment

Time to Say Goodbye - Employee’s Failing to Give Notice

You may have seen on the internet some daring employees who choose to provide their employer’s notice of their resignation by interpretative dance, song and even cake! Whilst there are many ways that an employee can notify their employer of notice – what happens in circumstances where an employee does not provide proper notice of their resignation?

This is certainly a frustrating situation for many employers as they are left in the lurch by employees who simply walk out without regard…

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Added by Shane Koelmeyer on October 22, 2015 at 15:00 — No Comments

(Anti)Social Media: Former SBS employee to have his day in court

We previously blogged about employees using social media with caution in our article A Cautionary Tale About Employees & Twitter.

We originally reported that Mr McIntyre had intended to proceed with a general protections claim under the Fair Work Act 2009 (Cth) (the Act), however, he has succeeded in changing his claim to an unlawful termination claim (under section 773 of the Act).

In order for a person to successfully argue that they were discriminated against and…

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Added by Shane Koelmeyer on October 14, 2015 at 15:14 — No Comments

Off the clock – employer interest in employee’s out of work conduct

As highlighted last week in our blog “The importance of procedural fairness – “it’s all about the process” former Cronulla Sharks (the Club) player Todd Carney and his legal advisors indicated that legal action would be initiated against the Club.

Carney has claimed that the Club did not afford him with procedural fairness when it terminated his contract for his off-field indiscretion.

Employers are often uncertain as to how to deal with the out of work hours conduct of…

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Added by Shane Koelmeyer on October 14, 2015 at 15:00 — No Comments

The importance of procedural fairness – “it’s all about the process”

While the Todd Carney saga demonstrates the immediacy of social media, the subsequent action of the Cronulla Sharks (the Club) serves as a reminder to employers that procedural fairness is still required in the disciplinary and termination processes.

After the image of Carney surfaced on the internet in June 2014, the Club swiftly elected to terminate his contract. Carney and his manager maintained that they were only notified of the Club’s decision after the announcement was already…

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Added by Shane Koelmeyer on October 6, 2015 at 11:08 — No Comments

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