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2 blog posts by Shane Koelmeyer were featured

Taking the high ground: FWC upholds dismissal of employee who stored marijuana equipment in the workplace
Cover me: Dismissed department Head fails in bid to be covered by modern award

May 21

Shane Koelmeyer posted blog posts

Eating out: Full Bench find UberEats delivery driver not an employee
Cover me: Dismissed department Head fails in bid to be covered by modern award
Taking the high ground: FWC upholds dismissal of employee who stored marijuana equipment in the workplace

May 20

2 blog posts by Shane Koelmeyer were featured

May 13

Shane Koelmeyer posted blog posts

May 12

2 blog posts by Shane Koelmeyer were featured

Apr 22

Shane Koelmeyer posted blog posts

Apr 22

A blog post by Shane Koelmeyer was featured

COVID-19 and modern award variations

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.The Hospitality Industry (General) Award 2010On 24 March 2020, the FWC decided to vary the Hospitality Industry (General) Award 2010 (the Hospitality Award) by inserting a…See More

Apr 15

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Shane Koelmeyer posted a blog post

COVID-19 and modern award variations

Apr 15

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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

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

Eating out: Full Bench find UberEats delivery driver not an employee

Posted on May 20, 2020 at 12:19 0 Comments 0 Likes

In a significant recent decision, the Full Bench of the Fair Work Commission (FWC) held that an UberEats delivery driver was not an employee, with the majority finding that the delivery driver was in fact an independent contractor (Gupta v Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a Uber Eats [2020] FWCFB 1698).

The delivery driver made an application to the FWC alleging that…

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Taking the high ground: FWC upholds dismissal of employee who stored marijuana equipment in the workplace

Posted on May 20, 2020 at 12:07 0 Comments 0 Likes

In deciding whether to take disciplinary action against an employee, it is important for employers to ensure that the employee is given a reasonable opportunity to provide a response or explanation before a final decision is made, particularly when it concerns matters that could result in summary dismissal.

This requirement for procedural fairness can prove to be difficult if an employee, when faced with…

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Cover me: Dismissed department Head fails in bid to be covered by modern award

Posted on May 20, 2020 at 12:00 0 Comments 0 Likes

The unfair dismissal provisions of the Fair Work Act 2009 (Cth) (FW Act) provide a mechanism by which employees who have been unfairly dismissed can seek a remedy through the Fair Work Commission (FWC). However, not all employees will be protected from unfair dismissal and able to make a claim.…

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Fake news: Union ordered to pay $3 million for spurious safety claims

Posted on May 12, 2020 at 15:31 0 Comments 0 Likes

The regulation of industrial action in Australia is complex. Whilst there is a need to acknowledge the rights of employees to engage in industrial action, the overall effect of industrial action on an employer’s business operations cannot be understated. Strikes or work stoppages and delays can have serious financial and reputational consequences for a business.…

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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