Shane Koelmeyer's Blog – October 2017 Archive (8)

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…

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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.…

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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…

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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…

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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.…

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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.…

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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…

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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…

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

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