Shane Koelmeyer
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  • Sydney
  • Australia
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Rachel Matheson liked Shane Koelmeyer's blog post Only time will tell: Full Court decides meaning of “day” for personal/carer’s leave
Sep 6
2 blog posts by Shane Koelmeyer were featured
Sep 5
Shane Koelmeyer posted blog posts
Sep 4
A blog post by Shane Koelmeyer was featured

Group Effort: How a region banded together to improve employment standards

No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business. The actions of employers, therefore, have consequences for those stakeholders. Even decisions that on the surface appear only to concern two parties – the employer and the employee – can have ripple effects on the others. For example, the conduct of a…See More
Aug 29
A blog post by Shane Koelmeyer was featured

Fool me once, sham on you: FWC refers employer to FWO over sham contracting

The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees. The distinction between the two is now more complex and can be difficult to discern, but regulatory bodies have made it clear that they will not tolerate the intentional mischaracterisation of employment relationships as a means of depriving genuine employees of their entitlements. There have been numerous cases in recent times…See More
Aug 27
Shane Koelmeyer posted blog posts
Aug 22
A blog post by Shane Koelmeyer was featured

Brace yourself for consequences: Dentist penalised for non-compliance and personally ordered to rectify underpayments

The Fair Work Ombudsman (FWO) is responsible for ensuring compliance with workplace laws. It does this by investigating and taking enforcement action against suspected breaches of the Fair Work Act 2009 (Cth) (FW Act).Under the FW Act, one of the enforcement powers of the FWO is to issue a compliance notice requiring the employer to address contraventions of the FW Act. Failing to comply with this compliance notice has serious consequences and itself constitutes a contravention of a civil…See More
Aug 22
A blog post by Shane Koelmeyer was featured

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

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 employers who dismissed…See More
Aug 14
A blog post by Shane Koelmeyer was featured

The Pelican Brief: FWC reinstates pelican feeder to job ‘as rare as hen’s teeth’

The Fair Work Commission (FWC) has recently ordered the re-instatement of a dedicated pelican feeder in the San Remo region in southern Victoria who worked only one hour a week, finding that his dismissal was without valid reason and procedural fairness (Matthews v San Remo Fisherman’s Co Operative [2019] FWC 4877). Prior to his dismissal, the employee had been employed by San Remo Fisherman’s Co Operative (the Co-Op) as a pelican feeder for about eighteen years. The Co-Op is an organisation…See More
Aug 12
A blog post by Shane Koelmeyer was featured

Court Bags a Bully - Worker convicted for bullying behaviour

Work health and safety legislation aims to provide protections for workers and other persons by eliminating or minimising risks to health and safety. In addition to the primary duty of care imposed on businesses, the work health and safety legislation also imposes a duty on workers. The duty owed by workers is separate to that owed by the business and workers can therefore be individually prosecuted for failing to comply with their duty – as recently occurred in a case in NSW involving a…See More
Aug 6
Shane Koelmeyer posted blog posts
Aug 5
A blog post by Shane Koelmeyer was featured

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

Workplace Law’s managing director, Athena Koelmeyer, recently presented our webinar entitled ‘Managing Workplace Behaviour’ during which she discussed many of the challenges faced by employers when it comes to managing workplace behaviour.For those who missed the webinar, below are our three key takeaways:1. Understand the difference between behaviour, performance and misconduct It is crucial that managers and HR understand the differences between behaviour, performance and misconduct, and that…See More
Jul 30
A blog post by Shane Koelmeyer was featured

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

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 when an…See More
Jul 24
A blog post by Shane Koelmeyer was featured

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

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 the concerns…See More
Jul 23
Shane Koelmeyer posted blog posts
Jul 15

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

Only time will tell: Full Court decides meaning of “day” for personal/carer’s leave

Posted on September 4, 2019 at 13:30 0 Comments

The Full Court of the Federal Court of Australia recently handed down a decision (Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 (Mondelez)) that is likely to have significant impacts on the accrual and taking of personal/carer’s leave, not to mention the management of the entitlement by employers.



Personal/carer’s leave…

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A little less conversational swearing: Casual swearing no excuse for conduct

Posted on September 4, 2019 at 12:55 0 Comments

There is no doubt that swearing in the workplace is unacceptable – the Fair Work Commission (FWC) has repeatedly held that swearing in an abusive manner that is directed towards others is a valid reason for dismissal. 



Often employees seek to justify their use of coarse language by claiming that there is a culture of swearing in their particular workplace. Earlier this year, in Pridham and Rose v Viterra Operations Pty Ltd T/A Viterra [2019] FWC 1018,…

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Just Managing: Workplace bullying and reasonable management action

Posted on September 4, 2019 at 12:35 0 Comments

Workplace bullying can be extremely serious and should not be tolerated by employers.



Across Australia, employers are required to provide employees with a safe and healthy work environment, and genuine workplace bullying can put the health and safety of employees at risk. The anti-bullying jurisdiction of the Fair Work Commission (FWC) created by the Fair Work Act 2009 (Cth) (FW Act) is directed towards remedying real cases of workplace…

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Group Effort: How a region banded together to improve employment standards

Posted on August 22, 2019 at 12:00 0 Comments

No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business.



The actions of employers, therefore, have consequences for those stakeholders. Even decisions that on the surface appear only to concern two parties – the employer and the employee – can have ripple effects on the others.



For example, the…

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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