Shane Koelmeyer
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  • Australia
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Benjamin Hume Walker liked Shane Koelmeyer's blog post Doctor Who? FWC issues cautionary warning about medical certificates
Mar 24
A blog post by Shane Koelmeyer was featured

Doctor Who? FWC issues cautionary warning about medical certificates

Medical certificates and reports from medical practitioners play an important role in the employment relationship.Employers rely on the opinions of medical practitioners for assurance that employees are medically fit for their role and they are not being required to perform tasks that might put their health and safety at risk.Such documents are also used to provide legitimate evidence that an employee who takes personal (sick) leave is, in fact, not fit for work because of an illness or injury…See More
Mar 19
2 blog posts by Shane Koelmeyer were featured
Mar 17
Shane Koelmeyer posted blog posts
Mar 17
3 blog posts by Shane Koelmeyer were featured
Mar 4
Shane Koelmeyer posted blog posts
Mar 2
2 blog posts by Shane Koelmeyer were featured
Feb 25
Shane Koelmeyer posted blog posts
Feb 24
A blog post by Shane Koelmeyer was featured

Less is more: Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.In Lupson v Australian Pacific Airports (Melbourne) Pty Ltd [2020] FWC 6721, the Fair Work Commission (FWC) was critical of an employer’s investigation process which involved…See More
Feb 11
Shane Koelmeyer posted a blog post

Less is more: Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.In Lupson v Australian Pacific Airports (Melbourne) Pty Ltd [2020] FWC 6721, the Fair Work Commission (FWC) was critical of an employer’s investigation process which involved…See More
Feb 10
A blog post by Shane Koelmeyer was featured

Fine following workplace fatality quadrupled following government intervention

Work health and safety legislation in Australia places significant duties and obligations on persons conducting a business or undertaking (PCBU) to ensure the health and safety of workers. These duties and obligations, and the penalties for non-compliance, are intended to reflect the serious harm that could be suffered by workers at work and to act as deterrents to employer staking shortcuts when it comes to health and safety.PCBUs must have the correct processes and measures in place to…See More
Feb 4
Shane Koelmeyer posted a blog post

Fine following workplace fatality quadrupled following government intervention

Work health and safety legislation in Australia places significant duties and obligations on persons conducting a business or undertaking (PCBU) to ensure the health and safety of workers. These duties and obligations, and the penalties for non-compliance, are intended to reflect the serious harm that could be suffered by workers at work and to act as deterrents to employer staking shortcuts when it comes to health and safety.PCBUs must have the correct processes and measures in place to…See More
Feb 3
A blog post by Shane Koelmeyer was featured

The daily commute: Fair Work Commission accepts that role with additional travel time was acceptable redeployment employment

Employers have long known that they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role.  This might include redeployment within the employer or its related companies, or finding employment with a third party.Despite employers’ best efforts to preserve employment, from time-to-time disputes arise when employees would rather have redundancy pay than a new role – or where the new role is not an adequate substitute for the…See More
Jan 22
Shane Koelmeyer posted a blog post

The daily commute: Fair Work Commission accepts that role with additional travel time was acceptable redeployment employment

Employers have long known that they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role.  This might include redeployment within the employer or its related companies, or finding employment with a third party.Despite employers’ best efforts to preserve employment, from time-to-time disputes arise when employees would rather have redundancy pay than a new role – or where the new role is not an adequate substitute for the…See More
Jan 22
3 blog posts by Shane Koelmeyer were featured
Nov 19, 2020
Shane Koelmeyer posted blog posts
Nov 17, 2020

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

Doctor Who? FWC issues cautionary warning about medical certificates

Posted on March 17, 2021 at 8:34 0 Comments

Medical certificates and reports from medical practitioners play an important role in the employment relationship.

Employers rely on the opinions of medical practitioners for assurance that employees are medically fit for their role and they are not being required to perform tasks that might put their health and safety at risk.

Such documents are also used to provide legitimate evidence that an employee who takes personal (sick) leave is, in fact, not fit for work because of an…

Continue

Pick up the phone: Fair Work Commission finds employer’s failure to comply with its consultation obligations rendered an employee’s dismissal to be unfair

Posted on March 17, 2021 at 8:33 0 Comments

The COVID-19 pandemic has had an unprecedented effect on Australian businesses.Employers have had to, with little notice, adapt to these changing circumstances to try and minimise the adverse impact of lockdowns on the business and its employees.

During the pandemic, many employers have been forced to implement redundancies as a means of trying to survive. Reduced employment opportunities have also resulted in greater scrutiny being placed on employers to ensure that the…

Continue

Garbage in, garbage out: Employee fails in bid to have safety-related dismissal found to be unfair

Posted on March 17, 2021 at 8:32 0 Comments

A dismissed employee can lodge an unfair dismissal claim alleging that their dismissal was “harsh, unjust or unreasonable”. Employees will often claim that the dismissal was all three: harsh, unjust and unreasonable. However,these concepts are distinct and will be considered separately when determining whether a dismissal was unfair.

A recent decision Hamlin v City of Sydney Council[2021] NSWIRComm 1010, the NSW Industrial Relations Commission…

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The rooster and the sunrise: Court finds rescinded job offer was not age discrimination

Posted on March 2, 2021 at 12:01 0 Comments

Discrimination in the workplace is unlawful under a number of Australian laws, including state and federal anti-discrimination legislation (such as the Age Discrimination Act 2004 (Cth)) as well as the Fair Work Act 2009 (Cth) (FW Act).

One of the attributes that is protected by such legislation is a person’s age – meaning that it is unlawful for a person, including an employer or prospective employer, to engage  in any action that would disadvantage…

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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