Shane Koelmeyer's Page
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Time’s up: Fair Work Commission rejects extension of time application after finding that the date of dismissal was made reasonably clear to the employee
Time’s up: Fair Work Commission rejects extension of time application after finding that the date of dismissal was made reasonably clear to the employee
You’re bacon me crazy: Fair Work Commission finds dismissal was disproportionate to the gravity of an employee’s heat of the moment remark
Pedal to the metal: Fair Work Commission orders the reinstatement of an employee who was unfairly dismissed following a second investigation into the same incident
You’re bacon me crazy: Fair Work Commission finds dismissal was disproportionate to the gravity of an employee’s heat of the moment remark
Pedal to the metal: Fair Work Commission orders the reinstatement of an employee who was unfairly dismissed following a second investigation into the same incident
Caffeine hit: Fair Work Commission upholds dismissal of an employee who misused a company coffee account
Caffeine hit: Fair Work Commission upholds dismissal of an employee who misused a company coffee account
Coughs and sneezes spread diseases: Managing sick leave during the cold and flu season
Coughs and sneezes spread diseases: Managing sick leave during the cold and flu season
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
Cigarettes and cough lollies: Employee dismissed for failing BAC tests
Posted on July 26, 2021 at 16:00 0 Comments 0 Likes
In a recent unfair dismissal decision, the Fair Work Commission (FWC) has supported an employer’s decision to dismiss an employee for breaching its drug and alcohol policy despite the employer failing to strictly enforce the policy.
In Rushton v Giacci Bro Pty Ltd [2021] FWC 3634, the FWC heard that the employee was employed by Giacci Bro Pty Ltd (the Employer) as a truck driver but, at the time of his dismissal, he had been performing light…
ContinueOff the clock: Fair Work Commission finds out-of-hours drink driving offence was not a valid reason for dismissal
Posted on July 26, 2021 at 13:48 0 Comments 0 Likes
Generally, the way in which an employee conducts themselves out-of-hours does not fall within the realm of what the employer can supervise or control. However, there are times where an employee’s conduct after business hours and away from work can impact the employment relationship.
The Fair Work Commission (FWC) recently made an important out-of-hours conduct ruling in the case Bobrenitsky v Sydney Trains [2021] FWC 3792 where it ordered the reinstatement…
Time’s up: Fair Work Commission rejects extension of time application after finding that the date of dismissal was made reasonably clear to the employee
Posted on July 15, 2021 at 16:17 0 Comments 0 Likes
Recently, Workplace Law successfully supported one of our clients in opposing an extension of time.
The Fair Work Act 2009 (Cth) imposes a strict 21-day time limit for employees to file unfair dismissal applications in the Fair Work Commission (FWC). The statutory limit starts from the date the dismissal takes effect.
If an application is lodged outside of the statutory time limit, then the employee must seek an extension of…
ContinueYou’re bacon me crazy: Fair Work Commission finds dismissal was disproportionate to the gravity of an employee’s heat of the moment remark
Posted on July 2, 2021 at 10:59 0 Comments 0 Likes
In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.
The Fair Work Commission (FWC) will have regard to a number of circumstances when considering whether to reinstate an employee, such as whether there has been a loss of trust and confidence in the…
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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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