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A blog post by Shane Koelmeyer was featured

Culture catch-all: “Cultural fit” and recruitment

Employers place a significant emphasis on workplace culture, and rightly so – a workplace that holds itself and its employees to a high standard – set against an identified set of values – is likely to garner support and respect from employees, clients and the public.Employers with a strong sense of culture seek employees who are likeminded, so questions of workplace culture and cultural fit inevitably arise in the recruitment process. When used correctly, assessing a candidate’s cultural fit…See More
Wednesday
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Shane Koelmeyer posted blog posts
Wednesday
A blog post by Shane Koelmeyer was featured

All together now: HR consultant and supervisor found accessorily liable for breach of FW Act

An external HR consultant and a supervisor have been found accessorily liable for contraventions of the Fair Work Act 2009 (Cth) (FW Act) after they were involved in the dismissal of an employee who raised a potential award non-compliance issue (Myers v Arenco Holdings Pty Ltd & Ors [2019] FCCA 3077). The employee was a yoga instructor at a studio where her duties included administrative tasks as well as teaching yoga classes. The employee had been in her position for three months when her…See More
Feb 11
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A blog post by Shane Koelmeyer was featured

Coronavirus: A Guideline for Employers

In recent times there has been widespread publicity about the outbreak of a respiratory illness caused by a coronavirus, which has spread from the Hubei province in China and has since been identified in other countries, including Australia. On 30 January 2020, the World Health Organization declared the novel coronavirus outbreak a “public health emergency of international concern.” The Australian Government has announced temporary measures to manage the risk of the virus spreading in…See More
Feb 6
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Shane Koelmeyer posted blog posts
Jan 31
A blog post by Shane Koelmeyer was featured

What did you say? Employee dismissed for offensive remarks in the workplace

It goes without saying that employees should treat each other with respect and courtesy in the workplace.  In a recent decision, the Fair Work Commission (FWC) was tasked with considering a claim from a dismissed employee who alleged that remarks he made in the workplace were not offensive and did not justify his dismissal - Chileshe v EnergyAustralia Pty Ltd [2019] FWC 7622. The employee in this case was a customer save consultant and had been working for his employer for about two years. In…See More
Jan 29
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A blog post by Shane Koelmeyer was featured

A good deed goes a long way: FWC rejects claim deed was made under duress

As we have discussed in previous blogs, it is not uncommon for an employer and employee to enter into a deed of release or settlement when ending the employment relationship. A deed provides assurances to both parties that the employment relationship is at an end and they can both move forward. A major reason that deeds are so effective is that they operate as a bar to any proceedings that a party may wish to commence at a later point in time in relation to the subject matter of the deed. For…See More
Jan 28
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Shane Koelmeyer posted blog posts
Jan 24
A blog post by Shane Koelmeyer was featured

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
Nov 27, 2019
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A blog post by Shane Koelmeyer was featured

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

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 employers to properly…See More
Nov 25, 2019
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A blog post by Shane Koelmeyer was featured

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

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 application was made against a background in…See More
Nov 21, 2019
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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
Nov 19, 2019
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Shane Koelmeyer posted blog posts
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Nov 13, 2019
2 blog posts by Shane Koelmeyer were featured
Nov 13, 2019
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, 2019
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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, 2019
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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

Culture catch-all: “Cultural fit” and recruitment

Posted on February 19, 2020 at 11:25 0 Comments

Employers place a significant emphasis on workplace culture, and rightly so – a workplace that holds itself and its employees to a high standard – set against an identified set of values – is likely to garner support and respect from employees, clients and the public.



Employers with a strong sense of culture seek employees who are likeminded, so questions of workplace culture and cultural fit inevitably arise…
Continue

Head in the cloud: FWC finds evolving technology not a significant role change for IT employee

Posted on February 19, 2020 at 11:19 0 Comments

Organisational change is a constant for business – whether it involves wider cultural change within a company, the introduction of new technology or systems of work, or even a restructure or downsizing of the workforce. These changes are necessary as businesses must respond and adapt to external changes so that they stay relevant and competitive in the marketplace.…



Continue

Keeping you regular: Regular and systematic casual employment

Posted on January 31, 2020 at 15:21 0 Comments

Employers often supplement their workforce by utilising casual employees to perform work in addition to that performed by permanent employees. While such engagements might start out as irregular (or, truly casual), it is not uncommon for casual employment to become regular and systematic, and for a casual employee to develop an expectation of continued employment.



Risks then arise when those regular casual…
Continue

All together now: HR consultant and supervisor found accessorily liable for breach of FW Act

Posted on January 31, 2020 at 15:17 0 Comments

An external HR consultant and a supervisor have been found accessorily liable for contraventions of the Fair Work Act 2009 (Cth) (FW Act) after they were involved in the dismissal of an employee who raised a potential award non-compliance issue (Myers v Arenco Holdings Pty Ltd & Ors [2019] FCCA 3077).



The employee was a yoga instructor at a studio where her duties included…

Continue

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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