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Shane Koelmeyer posted blog posts

Jul 15

A blog post by Shane Koelmeyer was featured

Have a seat and take a stand: Why clubs need to regulate fan and member behaviour at sporting events

One of Workplace Law’s lawyers recently attended a sporting event at one of the largest sporting arenas in New South Wales, and had the unfortunate experience of having to listen to nearby spectators make inappropriate (and racially charged) comments about the players on the field. This issue was raised with the hosting club and the venue subsequent to the game, however, as the perpetrators couldn’t be identified, the response was that the matter could not be taken any further.For all of the…See More

Jul 15

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A blog post by Shane Koelmeyer was featured

May The Force Be With You: FWC finds resignation warranted

Managing employee exits can be tricky business, particularly when dismissing an employee for unacceptable conduct and behaviour. In some cases, the parties will try and reach an amicable solution to end the employment relationship such as agreeing to allow the employee to resign. However, employers must be careful when entering into these types of discussions. The way in which an employee’s employment is finalised could have a significant bearing on that employee’s entitlement to make certain…See More

Jun 24

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A blog post by Shane Koelmeyer was featured

Doing It For The 'Gram - Social media, sporting clubs and athletes

Social media has long been a platform through which athletes can engage with their fans and “build their brand”. For professional athletes, their status as public figures make them instantly recognisable and immediately associated with their sport and their club. Even a non-professional athlete’s use of social media can impact the club or sport’s relationships with sponsors and the public. Given this linked recognition, posts on social media will inevitably be seen as a reflection of the club…See More

Jun 18

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Shane Koelmeyer posted blog posts

Jun 17

A blog post by Shane Koelmeyer was featured

Super (not so) Simple: Court finds independent contractor owed superannuation

Deciding on the terms under which to engage a person to perform services can be a complex task. There are benefits to engaging individuals as independent contractors where there is a particular task, project or specialised kind of work that needs to be performed. But mischaracterising the relationship can have dire consequences for employers.Employees who are incorrectly treated as independent contractors are entitled to claim certain benefits under workplace laws such as leave and minimum…See More

Jun 14

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A blog post by Shane Koelmeyer was featured

The Stalking Horse: FWC warns of abuse of stop bullying jurisdiction

It has unfortunately become a common occurrence for employees who are subject to management action (such as the issuing of reasonable and lawful directions or disciplinary processes) to immediately seek redress by filing a claim against their employer (or other employees) alleging things such as adverse action, discrimination or bullying. In these instances, employers often feel obliged to delay or defer any further management action until the employee’s claim is resolved.In a recent decision…See More

Jun 12

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Shane Koelmeyer posted blog posts

Jun 11

A blog post by Shane Koelmeyer was featured

Take It Back: Employer ordered to withdraw unreasonable safety warning

A recent decision of the Fair Work Commission (FWC) has reminded employers of the importance of taking a measured and consistent approach to enforcing workplace policies and procedures – particularly those relating to work health and safety.In Cordowiner v Ashton Coal Operations Pty Ltd [2019] FWC 2525, the FWC ordered an employer to withdraw a formal warning that it had issued to an employee following a safety breach, because its supervisors had condoned the conduct to the point that it was…See More

May 24

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A blog post by Shane Koelmeyer was featured

The Clash: The FWC on employee disputes and workplace bullying

When employees clash it can sometimes result in claims that one or both are bullying the other. When emotions are running high and differences are unable to be resolved, employees often turn to the anti-bullying jurisdiction of the Fair Work Commission (FWC).Under the Fair Work Act 2009 (Cth) (FW Act), the FWC can hear a bullying claim and make any orders it considers necessary (other than orders involving monetary compensation) to stop bullying from continuing. Before making such orders, the…See More

May 22

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A blog post by Shane Koelmeyer was featured

Pay Attention: Director ordered to undertake training following due diligence failure

The model Work Health and Safety Act (Model Act) imposes a duty on officers to exercise due diligence to ensure that the person conducting a business or undertaking (PCBU) complies with safety duties.In SafeWork NSW v Macquarie Milling Co Pty Limited; SafeWork NSW v Samuels [2019] NSWDC 111, a company and its sole director pleaded guilty to, and were convicted of, failing to comply with their duties to a worker, including a failing on the part of the director to comply with his due diligence…See More

May 20

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Shane Koelmeyer posted blog posts

May 20

A blog post by Shane Koelmeyer was featured

No Take Backs: Employer successfully recovers stolen money from former employee, despite deed of release

The end of the employment relationship can be a challenging time for both employers and employees.The parting of ways can be the result of many factors and there can be lots of issues at play that need resolution before the parties feel they can move on. One legal instrument commonly used to provide the parties with assurances about the finalisation of matters between them is a deed of release.In the employment context, a deed of release is an agreement between the parties that they will…See More

Apr 23

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A blog post by Shane Koelmeyer was featured

Talk to Me: the importance of consultation in the redundancy process

The Fair Work Act 2009 (Cth) (FW Act) provides that a person will not be unfairly dismissed where the person was dismissed as a result of genuine redundancy.To obtain the “genuine redundancy” exemption a redundancy must meet certain criteria under section 389 of the FW Act, namely that:(a) The employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise;(b) The employer complied with any obligation in a…See More

Apr 18

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A blog post by Shane Koelmeyer was featured

De-Fame!: Employer ordered to pay $237,000 for defaming former employee

Defamation in the workplace is more often than not associated with disgruntled employees making adverse or negative remarks about their employer (or former employer). This has become a major cause for concern for employers particularly with the advent of social media and online reviews.However, in a recent decision awarding $237,000 in damages to a victim of defamation, the District Court of New South Wales has reminded employers that they also have an obligation not to make defamatory or…See More

Apr 16

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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

The Standard is the Standard: Key takeaways from our webinar ‘Managing Workplace Behaviour’

Posted on July 22, 2019 at 13:06 0 Comments 0 Likes

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Being genuine: Unfair dismissal, genuine redundancy and the redistribution of duties

Posted on July 22, 2019 at 12:54 0 Comments 0 Likes

Discussions with employees about restructures and redundancies are difficult and emotions often run high. Unfortunately, these things are a natural part of operating a business and can be the result of a range of factors from the introduction of new technology to the workplace, to a downturn in business.

With emotions running high, explanations about why a redundancy has occurred and what has happened to an employee’s job can sometimes get lost or confused. This is particularly so…

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In the driver’s sheet: The importance of correctly characterising employee conduct

Posted on July 15, 2019 at 15:26 0 Comments 0 Likes

Employers regularly have to deal with issues relating to employee behaviour, work performance and misconduct. Often these concepts are interrelated and it can be difficult for employers to correctly characterise employee conduct and behaviour when a decision is made to commence a disciplinary process with an employee.

However, if the characterisation of the issue at hand is not made correctly in the disciplinary context, there is a real risk that an employee cannot properly answer…

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Not ok in any (con)text: Texting, dismissal and the FWC

Posted on July 15, 2019 at 11:31 0 Comments 0 Likes

Terminating an employee’s employment can be a confronting situation. It is difficult news to deliver and is often fuelled with emotion. For those reasons, many managers and employers attempt to avoid conflict or confrontation by delivering the news in a way that doesn’t involve a face to face meeting, such as in email or text message.

In two recent decisions, the Fair Work Commission (FWC) has warned against such an approach and has heavily criticised two separate…

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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