Shane Koelmeyer
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  • Sydney
  • Australia

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Latest Activity

Shane Koelmeyer posted blog posts
2 hours ago
2 blog posts by Shane Koelmeyer were featured
6 hours ago
A blog post by Shane Koelmeyer was featured

Someone to Lean On: Who can be a support person?

In determining whether an employee’s termination was harsh, unjust or unreasonable, s 387 of the Fair Work Act 2009 (Cth) (FW Act) provides a list of criteria the Fair Work Commission (FWC) will consider. One such criterion is whether there was any unreasonable refusal by the employer to allow the person to have a support person present in any discussions relating to dismissal.Best practiceBest practice for affording an employee procedural fairness in a disciplinary or termination process is to…See More
2 blog posts by Shane Koelmeyer were featured
Shane Koelmeyer posted blog posts
Oct 11
A blog post by Shane Koelmeyer was featured

New car, zero interest (in employee’s wages): Labour-hire operator gets referral to public prosecutor for non-payment of wages

The power of the courts to make orders in response to a contravention of a provision of the Fair Work Act 2009 (Cth) (FW Act) is a broad one. It is derived from section 545(1) of the FW Act, which states:“The Federal Court or the Federal Circuit Court may make any order the court considers appropriate if the court is satisfied that a person has contravened, or proposes to contravene, a civil remedy provision.”  [emphasis added]In most cases, a finding of deliberate non-compliance by a business…See More
Oct 3
A blog post by Shane Koelmeyer was featured

Swing and a miss: Dismissal for injured employee discovered playing golf

In unfair dismissal applications, the Fair Work Commission (the Commission) must look at the factors under section 387 of the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.The first of these factors is whether there was a ‘valid reason’ for the dismissal relating to the person’s capacity or conduct. Where there is no valid reason for the termination of employment, it is likely that the termination will be found to be unfair. It is…See More
Sep 29
Shane Koelmeyer posted blog posts
Sep 29
2 blog posts by Shane Koelmeyer were featured
Sep 28
A blog post by Shane Koelmeyer was featured

Reinstated and it feels so good: FWC finds General Manager’s redundancy based on consultant’s recommendation not genuine

When employers conduct an organisation-wide review of their operations, it can be both an exciting and challenging time. There are significant gains to be made by identifying inefficiencies and addressing them.  However, the desire to move too swiftly and rush this process should be avoided. Moving too fast may result in employers either intentionally or unintentionally disregarding their legal obligations to employees.This kind of disregard was the subject of a recent decision of the Fair Work…See More
Sep 27
Shane Koelmeyer posted blog posts
Sep 25
2 blog posts by Shane Koelmeyer were featured
Sep 8
A blog post by Shane Koelmeyer was featured

“All spaghetti and no meatballs”: FWO seeks penalties against a restaurant that deliberately disregarded advice and underpaid employees

It is no secret that the Fair Work Ombudsman (FWO) has been cracking down on employers breaching their employment obligations under the Fair Work Act 2009 (Cth) (the FW Act) and exploiting vulnerable workers in order to gain financial and competitive advantage.Indeed, the Federal Government is very close to passing a Bill through Parliament that will not only impose much harsher penalties on employers but will also increase the FWO’s powers to investigate this type of behaviour.For most…See More
Sep 4
2 blog posts by Shane Koelmeyer were featured
Sep 1
Shane Koelmeyer posted blog posts
Aug 31
A blog post by Shane Koelmeyer was featured

The one that got away: Correctional services officer reinstated following inmate escape

In a recent decision of the NSW Industrial Relations Commissions (NSW IRC), a senior corrective services officer (the Employee) was reinstated following his dismissal for involvement in an incident which lead to the escape of a maximum security inmate (Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051).The Employee was part of a three person escort guarding an inmate sent to hospital who claimed to have swallowed…See More
Aug 31

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 & Workers Compensation for Employers
Company website/blog
How many employees in your company?
What areas of HR are you particularly passionate about?
Industrial Relations, Employee Engagement, WHS, Performance Management, Workers Compensation for Employers
What kind of networking are you open to?
Open networking, Referrals between friends

Shane Koelmeyer's Blog

Part 3: End of the line – Older workers and discrimination on termination of employment

Posted on October 17, 2017 at 14:43 0 Comments

In Part 1 of our blog series on older employees, Selfie time – Video “Snaplication and the potential for age discrimination in recruitment, we looked at age discrimination in the recruitment process.

At the other end of the…


Part 2: Just Google it – Age discrimination and technology in the workplace

Posted on October 16, 2017 at 16:30 0 Comments

In the modern day workplace, employers are becoming increasingly reliant on computer systems and introducing new forms of technology and equipment to increase productivity and output. It is often therefore a requirement that employees be proficient in certain computer programs or, at least, that they undergo training to become proficient.…


Part 1: Selfie time – Video “Snaplications” and the potential for age discrimination in recruitment

Posted on October 16, 2017 at 16:00 0 Comments

We’ve all heard of “blind” recruiting, particularly in the early phases of the recruitment process, but what about the opposite? Actively recruiting based on a visual medium? Look no further than the “Snaplication.”

The Snaplication is an online video job application that can be made and submitted using social media app Snapchat. The Snaplication is…


#TakeAKnee: Can employers legally dismiss an employee for “taking a knee”?

Posted on October 11, 2017 at 16:21 0 Comments

The world has been following the NFL with keen interest these past few weeks after President Trump called on NFL owners to fire players who refused to stand for the US national anthem and flag before a game – raising interesting questions for us sports-loving employment lawyers.

The “Take a Knee” movement was started in 2016 by former San Francisco…


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