Shane Koelmeyer
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Shane Koelmeyer posted a blog post

Preferential treatment: FWC finds employee was dismissed due to employer’s racial preference

An employer’s past job advertisements, which stated a preference for “Asian staff”, have been used by the Fair Work Commission (FWC) to support its finding that an employee was dismissed because she was not of Chinese descent. In Ayton v You Come Pty Ltd t/a Foodworks Ashmont [2019] FWC 6585, a long term casual employee at a supermarket claimed that she was unfairly dismissed after she received a text message from her employer which stated “I decide (sic) to give job (sic) to someone else but I…See More
yesterday
Shane Koelmeyer posted blog posts
Nov 13
2 blog posts by Shane Koelmeyer were featured
Nov 13
A blog post by Shane Koelmeyer was featured

Please, please, please, let me get what I want: Employer’s refusal of flexible working arrangement was not a dismissal

One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.An employer’s refusal of a flexible working arrangement request was recently considered by the Fair Work Commission (the FWC) in Phillips v Integrated Medical Solutions Group Pty Ltd [2019] FWC 6225.The…See More
Oct 17
A blog post by Shane Koelmeyer was featured

Destructive criticism: Lawyer dismissed for publicly criticising clients

When considering claims of adverse action under the Fair Work Act 2009 (Cth) (the FW Act) a key focus of inquiry is the actual reasons of the decision-maker for engaging in the action.The Federal Court of Australia recently considered this point in determining whether a major law firm engaged in adverse action in contravention of the FW Act when it dismissed a lawyer who had publicly criticised the law firm’s clients, being two Commonwealth Government agencies.In R v The Partnership trading as…See More
Oct 14
Shane Koelmeyer posted blog posts
Oct 9
A blog post by Shane Koelmeyer was featured

One for my baby, and one more for the road: Drive through bottle shop attendant dismissed because of pregnancy

A bottle shop attendant in Cairns was recently awarded compensation in excess of $39,000 after she was dismissed for being pregnant (Leutton v Sheralee Hotels Pty Ltd Trading As Imperial Tavern & Ors [2019] FCCA 2471).The employee was working in the drive through bottle shop of a tavern when she was informed by her doctor that, because of her pregnancy, she should not lift more than 5kg.Following her visit to her doctor, the employee attended a meeting with the tavern’s bar manager and…See More
Oct 9
Rachel Matheson liked Shane Koelmeyer's blog post Acts of gross stupidity: Workplace bullies convicted and fined for breaching WHS duties
Sep 27
A blog post by Shane Koelmeyer was featured

Acts of gross stupidity: Workplace bullies convicted and fined for breaching WHS duties

There have been a number of prosecutions this year that have resulted in workplace bullies being found to have breached their duties under State and Territory work health and safety legislation.For instance, WorkSafe Victoria has reported a number of successful prosecutions against workplace bullies this year and we recently discussed a decision of the District Court of New South Wales in which a tradesman was convicted and fined for breaching his duties under WHS laws in NSW after he had…See More
Sep 26
A blog post by Shane Koelmeyer was featured

Workers rode scaffolding to the ground: Employer convicted and fined for WHS breach

A NSW scaffolding business has been convicted and fined after it pleaded guilty to an offence under the Work Health and Safety Act 2011 (NSW) (WHS Act) (SafeWork NSW v Sydney Hoist and Scaffolding Pty Ltd [2019] NSWDC 442). The Sydney-based scaffolding business pleaded guilty to failing to comply with its primary duty under s19 of the WHS Act, when it exposed workers to a risk of death or serious injury. The incident that resulted in the conviction and fine involved a major scaffolding collapse…See More
Sep 25
Shane Koelmeyer posted blog posts
Sep 24
Rachel Matheson liked Shane Koelmeyer's blog post Only time will tell: Full Court decides meaning of “day” for personal/carer’s leave
Sep 6
2 blog posts by Shane Koelmeyer were featured
Sep 5
Shane Koelmeyer posted blog posts
Sep 4
A blog post by Shane Koelmeyer was featured

Group Effort: How a region banded together to improve employment standards

No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business. The actions of employers, therefore, have consequences for those stakeholders. Even decisions that on the surface appear only to concern two parties – the employer and the employee – can have ripple effects on the others. For example, the conduct of a…See More
Aug 29
A blog post by Shane Koelmeyer was featured

Fool me once, sham on you: FWC refers employer to FWO over sham contracting

The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees. The distinction between the two is now more complex and can be difficult to discern, but regulatory bodies have made it clear that they will not tolerate the intentional mischaracterisation of employment relationships as a means of depriving genuine employees of their entitlements. There have been numerous cases in recent times…See More
Aug 27

Profile Information

What would you like to share about yourself?
Experienced Workplace Relations Lawyer specialising in representing & advising Employers from small business to international companies.

Workplace Law is a boutique law firm specialising in all aspects of workplace relations in the areas of Industrial Relations, WHS, Change Management and Culture Setting.

We also advise sporting clubs and athletes on contractual and disciplinary matters.
Company website/blog
http://www.workplacelaw.com.au
How many employees in your company?
1-49
What areas of HR are you particularly passionate about?
Industrial Relations, Employee Engagement, WHS, Performance Management, Culture and Values Audits.
What kind of networking are you open to?
Open networking, Referrals between friends

Shane Koelmeyer's Blog

Preferential treatment: FWC finds employee was dismissed due to employer’s racial preference

Posted on November 19, 2019 at 13:05 0 Comments

An employer’s past job advertisements, which stated a preference for “Asian staff”, have been used by the Fair Work Commission (FWC) to support its finding that an employee was dismissed because she was not of Chinese descent.



In Ayton v You Come Pty Ltd t/a Foodworks Ashmont [2019] FWC 6585, a long term casual employee at a supermarket claimed that she was unfairly dismissed after she received a text message from her employer which stated “I decide…

Continue

Soft(ware) skills: The importance of effectively understanding and communicating performance issues

Posted on November 13, 2019 at 14:45 0 Comments

Performance management is a challenging process, which can be further complicated when employees are working remotely.



Of course, improvements in technology have eliminated some accessibility issues but the physical distance can mean that what would ordinarily be a quick question for a colleague in the office can turn into a drawn-out series of emails or delays in order to find a time when everyone is free to join a Skype meeting.



Despite the challenges, the obligations on…

Continue

Quite, please: Commission orders parties to stop yelling in the workplace

Posted on November 13, 2019 at 14:20 0 Comments

The Fair Work Commission (FWC) recently issued interim orders in an application for orders to stop bullying, which required the parties to, amongst other things, treat each other with respect and dignity, and to not yell in an unreasonable manner (see F.G. [2019] FWC 6283).



The stop-bullying application had been lodged by an employee of a retail services business who alleged that he was being bullied by a co-director and owner of the business. The…

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Questions of capacity: FWC endorsed employer’s approach to management of injured employee

Posted on November 13, 2019 at 14:05 0 Comments

The Fair Work Commission (FWC) has endorsed the approach of a HR team in their management of an injured worker and the subsequent termination of her employment resulting from her incapacity to perform the inherent requirements of her role (Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364).



The employee was a storeperson working in a pharmaceuticals warehouse. In October 2017, she was injured in a non-work-related car accident and was totally…

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Comment Wall (1 comment)

At 8:56 on March 1, 2018, wayne faulkner said…

Shane - interesting article. Funny but a request for a date might see you on your date - as in on your arse. What constitutes 'a one strike'?

Is it: -- 'Like to join me for a coffee?'  'Look I've got 2 tickets for a movie - I can't use them - can you?'   ' Can I join you at your table for dinner tonight after the conference?'   'We are on the same flight - like to sit together?'    ' I'm wondering if you might like to review my conference paper I'm presenting tomorrow - I'd appreciate you reviewing it. We can meet in the bar and I'll do drinks'    ' I'm flying back business class - i'll see if I can upgrade you"   ' Want to join me for a jog in the morning before the training?'   ' I'll let you into a little secret - I've been offered the job (CEO). I think that you have great potential and would like to chat about your future -will need to do it off-site'

' I know that your recent divorce has caused you great anguish. If you need to talk call me anytime - here is my private number'  ' A few of us are playing the pokies after work - want to come?'

Any of these can be male to female. female to male, male to male, female to female, boss to subordinate, subordinate to boss, gay to gay, hetro to hetro, transgender to transgender, old to young, young to old, et al

Fair dinkum - it's a bloody mine field those policies and will doubtless create great grief!

UNENFORCEABLE!

best - wayne

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