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Shane Koelmeyer posted a blog post

Managing employees with disabilities

Managing underperformance is a difficult process and employers should always bear in mind that personal or other extenuating circumstances may be impacting a particular employee’s performance.Any decision relating to performance management or disciplinary action should take these circumstances into account, and should not fall foul of the employer’s obligations at law, such as the unfair dismissal or general protections provisions of the Fair Work Act 2009 (Cth), or Australia’s…See More

Mar 20

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Shane Koelmeyer posted blog posts

Mar 17

A blog post by Shane Koelmeyer was featured

You’re a liability: “all reasonable steps” and vicarious liability

Federal and State anti-discrimination legislation makes it unlawful for employers to discriminate against or harass a person in their employment. The legislation also places liability on employers for the discriminatory conduct of their employees. This means that if an employee is found to have acted in breach of anti-discrimination legislation, their employer may also be found to be in breach as a result of the employee’s actions. An employer will not be vicariously liable for the conduct of…See More

Mar 17

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Shane Koelmeyer posted blog posts

Mar 11

Alison Smith liked Shane Koelmeyer's blog post All together now: HR consultant and supervisor found accessorily liable for breach of FW Act

Mar 11

A blog post by Shane Koelmeyer was featured

How was I supposed to know? Employers’ consultation obligations when implementing major workplace change

When an employer is required to make changes to the workplace which are likely to have significant effects on employees, the employer must ensure that it meets any consultation obligations which might apply under various laws and industrial instruments prior to implementing any redundancies that might arise. For example, all modern awards and enterprise agreements will contain comprehensive requirements for employers to genuinely consult with employees about major workplace changes, including…See More

Mar 5

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A blog post by Shane Koelmeyer was featured

The high life: Unfair dismissal and calculating the high income threshold

In the reporting year 2018/2019, the Fair Work Commission (FWC) received 13,928 unfair dismissal applications. Undoubtedly, unfair dismissal applications are amongst the most common received by the FWC. The success or otherwise of an unfair dismissal application depends on many factors but one of the most basic considerations is whether or not the employee making the application is entitled to protection from unfair dismissal under the Fair Work Act 2009 (Cth) (FW Act).Under s382 of the FW Act,…See More

Mar 3

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Shane Koelmeyer posted blog posts

Mar 3

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

Feb 20

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Feb 19

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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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

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

Managing employees with disabilities

Posted on March 20, 2020 at 13:25 0 Comments 0 Likes

Managing underperformance is a difficult process and employers should always bear in mind that personal or other extenuating circumstances may be impacting a particular employee’s performance.

Any decision relating to performance management or disciplinary action should take these circumstances into account, and should not fall foul of the employer’s obligations at law, such as the unfair dismissal or general…

Continue

Everything else is just a bonus: Employment contracts and discretionary incentive schemes

Posted on March 17, 2020 at 15:00 0 Comments 0 Likes

Bonuses and incentive schemes can be extremely successful in driving individual employee performance and overall business performance. A significant amount of work can go into crafting such a scheme – from market predictions to setting appropriate targets, drafting motivational communications to employees, and, very importantly, careful drafting of scheme documents.…

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I’ll go first: Employer’s disciplinary process didn’t force resignation

Posted on March 17, 2020 at 15:00 0 Comments 0 Likes

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour. Importantly, it notifies an employee that they are at risk of being dismissed.…

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Out of service: Server dismissed for inappropriate conduct towards co-workers

Posted on March 11, 2020 at 10:13 0 Comments 0 Likes

Dismissing an employee for inappropriate conduct can be a challenging process, particularly when the employee does not accept that their conduct was inappropriate.

Of course, proper training and well considered policies can go a long way to ensuring employees understand what is expected of them but occasionally,…

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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