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

Send me your location: Use of GPS devices in the workplace

Most workplaces utilise some form of surveillance, the most obvious of which is monitoring the use of email and internet. Surveillance can also extend to the use of GPS tracking in company vehicles or the use of location services in devices, like mobile phones or tablets.

The use of GPS trackers in vehicles and devices is most common in roles where employees work away from a desk, at multiple different locations throughout the day – like couriers or delivery drivers, tradespersons or…

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Added by Shane Koelmeyer on December 12, 2017 at 12:00 — No Comments

You’re invited! (but BYO party): Organising social events for employees

It is almost undisputed that the majority of Australian workers are spending more of their time at the workplace. It is therefore unsurprising that employees and employers are becoming more concerned with the quality of the time that employees spend at work and the relationships they have with their co-workers.

As a result, there has been an increased focus by employers on establishing a positive “workplace culture” through employer-sponsored social events and team-building activities…

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Added by Shane Koelmeyer on December 12, 2017 at 10:56 — No Comments

Social savvy – Our 2017 wrap-up of social media in the workplace

There is no doubt that social media has changed workplace relations. It has impacted the employment relationship and the relationships employees have with each other.

Throughout 2017 the courts, the tribunals and employers more generally have continued to iron out the wrinkles in how they deal with social media in the workplace.

In this blog, we look back on some of the more interesting social media cases from the year that was 2017.

The employee in…

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Added by Shane Koelmeyer on December 12, 2017 at 10:46 — No Comments

A bird, a bus and a bruised (but not broken) employment relationship: Remedies for unfair dismissal applications

There are two remedies available to an employee claiming unfair dismissal under the Fair Work Act 2009 (Cth) (FW Act) – reinstatement (with any required back-pay) and compensation.

Section 390 of the FW Act makes it clear that reinstatement will be the primary remedy and that the Fair Work Commission (FWC) must not make an order for compensation unless it is satisfied that reinstatement of the person is inappropriate.

When considering…

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Added by Shane Koelmeyer on December 12, 2017 at 10:27 — No Comments

Time after time: Re-offending directors and their cleaning company to pay hefty penalties for breaching FW Act

In a recent Federal Circuit Court decision, Fair Work Ombudsman v Commercial and Residential Cleaning Group Pty Ltd & Ors [2017] FCCA 2838, Judge Lucev ordered significant penalties against a Perth cleaning company and two of its directors.

The case concerned only three underpaid employees but resulted in more than $510,000 in penalties for contraventions of the Fair Work Act 2009 (Cth) (FW Act).

All three employees were Taiwanese…

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Added by Shane Koelmeyer on December 12, 2017 at 10:15 — No Comments

Captain Underpants: Undies protest not industrial action – so what is?

A national campaign with the slogan #SaveDave, which took the dismissal of a union representative employee all the way to the Fair Work Commission (FWC), has highlighted to employers the importance of recognising what is, and what is not, industrial action.

What is industrial action?

The regulation of industrial action set out in the Fair Work Act 2009 (Cth) (FW Act) is limited, in large part, to…

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Added by Shane Koelmeyer on December 12, 2017 at 9:30 — No Comments

Look what you made me do: Human resources manager ordered to pay $21,760 for her participation in underpayments and falsifying records

In recent years, the Fair Work Ombudsman (FWO) has made it clear that it is prepared to prosecute not only employers, but also individuals and third parties ‘involved in’ contraventions of the Fair Work Act 2009 (Cth) (FW Act).

Most recently, the FWO was successful in its prosecution of a Chinese restaurant as well as its sole director, its human resources manager and its store manager for various breaches of the FW Act, which resulted in 85…

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Added by Shane Koelmeyer on December 12, 2017 at 9:27 — No Comments

It’s all in the mind – Psychological and psychometric testing in the workplace

Recently, the South Australian government announced that two of its employees engaged as carers were found unsuitable to work with children, following the introduction of a new testing and screening process involving psychological testing.

The new tests were introduced following the recommendations of the State’s Child Protection Systems Royal Commission report. As a result, all new applicants for positions as carers in South Australian residential care facilities are now required to…

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Added by Shane Koelmeyer on December 12, 2017 at 9:04 — No Comments

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