Shane Koelmeyer
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A blog post by Shane Koelmeyer was featured

Mask up: Commission finds mask mandate to be a lawful and reasonable direction

Employees have a duty to comply with lawful and reasonable directions from their employer. In the current COVID-19 context, a key concern for employers is whether it is lawful and reasonable to issue directions related to safety matters arising from the pandemic.In measuring the reasonableness of a direction, the Fair Work Commission (FWC) has demonstrated its regard to the particular circumstances of the case in the recent decision of Watson v National Jet Systems Ltd [2021] FWC 6182.In or…See More
Wednesday
A blog post by Shane Koelmeyer was featured

Talk before you walk: Lack of consultation rendered mandatory vaccination requirement unreasonable

Consultation with employees always plays an important part when introducing changes in the workplace. Under work health and safety (WHS) legislation, employers have a duty to consult with their workers as far as reasonably practicable in relation to health and safety matters.In Construction, Forestry, Maritime, Mining and Energy Union & Anor v Mt Arthur Coal Pty Ltd T/A Mt Arthur [2021] FWCFB 6059, the Full Bench of the Fair Work Commission (FWC) emphasised the importance of the requirement…See More
Tuesday
Shane Koelmeyer posted blog posts
Dec 22, 2021
A blog post by Shane Koelmeyer was featured

An offer you can refuse: Offers of alternative employment in redundancy cases

In most cases of redundancy, employers have an obligation to consult with affected employees about the proposed redundancy and consider whether or not anything can be done to mitigate or minimise the impact on the employee, such as redeployment or obtaining other acceptable employment for the employee. The terms “redeployment” and “obtain other acceptable employment” are often used interchangeably but derive from different sources within the Fair Work Act 2009 (FW Act). Both of these…See More
Dec 15, 2021
A blog post by Shane Koelmeyer was featured

Time goes by so slowly: FWC finds that employee’s employment ended at end of fixed term and was not dismissed

Access to the unfair dismissal jurisdiction under the Fair Work Act 2009 (Cth) (FW Act) is on the basis that the employee is “dismissed” from the employment. A jurisdictional objectional can be raised if the employee has not been actually dismissed by the employer.Subsection 386(2)(a) of the FW Act provides that an employee who was employed for a specified period of time, specified task or for the duration of a specified season and where that employment was terminated because of the end of the…See More
Dec 10, 2021
Shane Koelmeyer posted blog posts
Dec 9, 2021
2 blog posts by Shane Koelmeyer were featured
Nov 24, 2021
Shane Koelmeyer posted blog posts
Nov 17, 2021
3 blog posts by Shane Koelmeyer were featured
Nov 3, 2021
Shane Koelmeyer posted blog posts
Nov 3, 2021
2 blog posts by Shane Koelmeyer were featured
Oct 21, 2021
Shane Koelmeyer posted blog posts
Oct 20, 2021
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, 2021
Shane Koelmeyer posted blog posts
Sep 23, 2021
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, 2021
2 blog posts by Shane Koelmeyer were featured
Sep 16, 2021

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

Mask up: Commission finds mask mandate to be a lawful and reasonable direction

Posted on December 22, 2021 at 7:39 0 Comments

Employees have a duty to comply with lawful and reasonable directions from their employer. In the current COVID-19 context, a key concern for employers is whether it is lawful and reasonable to issue directions related to safety matters arising from the pandemic.

In measuring the reasonableness of a direction, the Fair Work Commission (FWC) has demonstrated its regard to the particular circumstances of the case in the recent decision of Watson v National Jet…

Continue

Talk before you walk: Lack of consultation rendered mandatory vaccination requirement unreasonable

Posted on December 22, 2021 at 7:35 0 Comments

Consultation with employees always plays an important part when introducing changes in the workplace. Under work health and safety (WHS) legislation, employers have a duty to consult with their workers as far as reasonably practicable in relation to health and safety matters.

In Construction, Forestry, Maritime, Mining and Energy Union & Anor v Mt Arthur Coal Pty Ltd T/A Mt Arthur [2021] FWCFB 6059, the Full Bench of the Fair Work Commission…

Continue

An offer you can refuse: Offers of alternative employment in redundancy cases

Posted on December 9, 2021 at 9:25 0 Comments

In most cases of redundancy, employers have an obligation to consult with affected employees about the proposed redundancy and consider whether or not anything can be done to mitigate or minimise the impact on the employee, such as redeployment or obtaining other acceptable employment for the employee. 

The terms “redeployment” and “obtain other acceptable employment” are often used interchangeably but derive from different sources within the Fair Work Act 2009 (FW…

Continue

Time goes by so slowly: FWC finds that employee’s employment ended at end of fixed term and was not dismissed

Posted on December 9, 2021 at 9:25 0 Comments

Access to the unfair dismissal jurisdiction under the Fair Work Act 2009 (Cth) (FW Act) is on the basis that the employee is “dismissed” from the employment. A jurisdictional objectional can be raised if the employee has not been actually dismissed by the employer.

Subsection 386(2)(a) of the FW Act provides that an employee who was employed for a specified period of time, specified task or for the duration of a specified season and where that employment was…

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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