Shane Koelmeyer
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  • Australia
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Shane Koelmeyer posted blog posts
6 hours ago
A blog post by Shane Koelmeyer was featured

Not a “one and done” thing: The importance of WHS refresher training

It is an expected and necessary part of work health and safety (WHS) plans that all new workers receive relevant WHS training. A recent decision in the NSW District Court (the Court) has highlighted the need for employers to also re-induct or provide refresher training to workers when they are transferred to a different department or location.In SafeWork NSW v Crawfords Freightlines Pty Ltd [2021] NSWDC 442, Crawfords Freightlines Pty Ltd (the Employer) pleaded guilty to failing to comply with…See More
Sep 29
Shane Koelmeyer posted blog posts
Sep 23
A blog post by Shane Koelmeyer was featured

Procedurally disastrous: Commission orders employer to pay compensation as a result of its procedurally unfair disciplinary process

When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to the investigation. This is to ensure that the employee is afforded proper procedural fairness.The purpose of an investigation into allegations of misconduct is to determine whether or not the misconduct has actually taken place and can be put to the employee as part of a disciplinary process. During the course of an…See More
Sep 23
2 blog posts by Shane Koelmeyer were featured
Sep 16
Shane Koelmeyer posted blog posts
Sep 15
A blog post by Shane Koelmeyer was featured

Full force denied: Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”. In the recent decision of Burgess v Optus Administration Pty Ltd T/A Optus [2021] FWC 4459, the Fair Work Commission (FWC) was tasked with considering whether an employee was constructively dismissed…See More
Sep 11
Shane Koelmeyer posted a blog post

Full force denied: Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”. In the recent decision of Burgess v Optus Administration Pty Ltd T/A Optus [2021] FWC 4459, the Fair Work Commission (FWC) was tasked with considering whether an employee was constructively dismissed…See More
Sep 9
2 blog posts by Shane Koelmeyer were featured
Aug 18
Shane Koelmeyer posted blog posts
Aug 16
A blog post by Shane Koelmeyer was featured

Hit the brakes: Commission finds on-the-job feedback sufficient in warning employee about poor performance

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) is required to consider a number of factors under the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.One such factor is, if the dismissal is related to unsatisfactory performance of an employee, whether or not that employee was warned about their unsatisfactory performance before the dismissal.In the recent case of Thapaliya v Caddle Investments Pty Ltd T/A Edenwood…See More
Aug 11
2 blog posts by Shane Koelmeyer were featured
Aug 5
Shane Koelmeyer posted blog posts
Aug 5
2 blog posts by Shane Koelmeyer were featured
Jul 28
Shane Koelmeyer posted blog posts
Jul 26
A blog post by Shane Koelmeyer was featured

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

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 time from the FWC. The FWC may only allow an extension of time in…See More
Jul 22

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

Red Light, Green Light: Dismissals for temporary illnesses under the FW Act

Posted on October 20, 2021 at 11:04 0 Comments

Within the general protections of the Fair Work Act 2009 (Cth) (FW Act), there is a protection afforded to employees who are temporarily absent from work because of an illness or injury. Specifically, section 352 of the FW Act prohibits employers from dismissing an employee within the first three months of any absence from work due to an illness or injury.

The purpose of this protection is to recognise the inevitability that an employee might require time off…

Continue

Words flying high: Commission critical of employer’s entirely email-based disciplinary process

Posted on October 20, 2021 at 10:30 0 Comments

Communication between the employer and employees is essential for a good working relationship. Poor communication in the disciplinary process may lead to a deficiency in the process which renders the dismissal unfair.

It is important that when conducting a disciplinary process, employers ensure that they make a proportionate and genuine attempt to communicate with the employee on their alleged conduct.

In the recent decision of Mr Roger Woods v LifeFlight Australia…

Continue

Not a “one and done” thing: The importance of WHS refresher training

Posted on September 23, 2021 at 12:51 0 Comments

It is an expected and necessary part of work health and safety (WHS) plans that all new workers receive relevant WHS training. A recent decision in the NSW District Court (the Court) has highlighted the need for employers to also re-induct or provide refresher training to workers when they are transferred to a different department or location.

In SafeWork NSW v Crawfords Freightlines Pty Ltd [2021] NSWDC 442, Crawfords Freightlines Pty Ltd…

Continue

Procedurally disastrous: Commission orders employer to pay compensation as a result of its procedurally unfair disciplinary process

Posted on September 23, 2021 at 12:43 0 Comments

When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to the investigation. This is to ensure that the employee is afforded proper procedural fairness.

The purpose of an investigation into allegations of misconduct is to determine whether or not the misconduct has actually taken place and can be put to the employee as part of a disciplinary process. During the…

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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