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All in good fun: Company vicariously liable for injury resulting from skylarking supervisor

Enjoying the company of your colleagues is something most people hope to find in the workplace. It can make work much more enjoyable and lead to lasting friendships. However, fun in the workplace can cross a line when it takes the form of dangerous skylarking or roughhousing. Dangerous behaviour by colleagues can pose a serious risk to work health and safety and can breach the obligations that an employer owes to its workers and employees owe to each other. Where accidents and injuries occur,…See More

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The probation myth: Probation and the "minimum employment period" in the Fair Work Act 2009 (Cth)

There is a common misconception that probationary periods allow an employer to dismiss an employee for any reason (or for no reason at all) prior to the confirmation of their employment. This is not necessarily the case and, in fact, there is no statutory basis that entitles an employer and an employee to a probationary period. The concept of a probationary period is largely derived from the provisions of the Fair Work Act 2009 (Cth) (FW Act) relating to minimum employment periods. Under the FW…See More

Jul 15

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A-League club facing adverse action claim in Court

It is sometimes forgotten that sporting clubs and organisations are employers who are also subject to workplace laws and regulations in relation to their employees.In a stark reminder that sporting clubs and organisations are not exempt from the rules, the former team manager of Western United has commenced proceedings in the Federal Circuit Court of Australia, alleging that the head coach of the A-League club bullied him and caused him to develop a mental illness.The team manager is claiming…See More

Jul 6

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Jun 25

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Stand down and out: FWC dismisses challenge to stand down

Across Australia, employers continue to face the difficult challenge of standing down employees in response to the effects of the COVID-19 pandemic.Under s524 of the Fair Work Act 2009 (Cth) (FW Act), an employer is able to stand down an employee in circumstances where the employee cannot usefully be employed because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible.In the recent decision of Marson v Coral Princess Cruises (N.Q.) Pty Ltd T/A Coral…See More

Jun 23

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Adverse action claim initiated against professional football club

The Chief Operating Officer of Macarthur and South West United FC (the Club) has launched legal proceedings against the Club, the Club Chair and another director alleging breaches of the general protections provisions under the Fair Work Act 2009 (Cth) (FW Act). The FW Act provides protections including but not limited to, protection from adverse action for exercising workplace rights, for engaging in industrial activity and for temporary absence due to illness or injury. The FW Act also…See More

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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

In your letter: Termination of employment letters

Posted on October 15, 2020 at 10:01 0 Comments 0 Likes

A termination of employment letter serves a significant purpose in bringing the employment relationship to an end.

Termination letters are frequently relied upon by employers and employees alike when a claim for unfair dismissal is made. Given their tendency to arise in legal proceedings, it is important that these documents are correct, provide as much detail as possible and meet the requirements under the Fair Work Act 2009 (Cth) (FW…

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Put it in writing: Notice of termination in the employment contract

Posted on October 15, 2020 at 9:49 0 Comments 0 Likes

When it comes to engaging new employees or promoting existing employees, it is crucial that employers prepare and review contracts of employment to ensure that they accurately reflect the terms which will govern an employee’s employment.

Standard clauses, such as clauses providing notice of termination, can easily be overlooked. This can be a critical error because, in the absence of a contract or certain clauses within a contract, a court will imply those terms. For example,…

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Draw the line: Managing employee conduct and behaviour in the workplace

Posted on August 11, 2020 at 17:08 0 Comments 0 Likes

Managing employee conduct and behaviour can be a challenge. The question of what is appropriate and what is not appropriate in the workplace will depend on a variety of factors, including the industry in which the employees work, the overall culture of the workplace and community standards at any given time.

In claims…

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All in good fun: Company vicariously liable for injury resulting from skylarking supervisor

Posted on August 11, 2020 at 17:01 0 Comments 0 Likes

Dangerous behaviour by colleagues can pose…

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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