Shane Koelmeyer
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  • Australia
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Shane Koelmeyer updated their profile
Friday
2 blog posts by Shane Koelmeyer were featured
Mar 12
Shane Koelmeyer liked Shane Koelmeyer's blog post PCBU fined $375,000 following death of turf stacker
Mar 11
Shane Koelmeyer posted blog posts
Mar 11
2 blog posts by Shane Koelmeyer were featured
Mar 7
A blog post by Shane Koelmeyer was featured

No Ordinary Job – Employer fails to demonstrate that redundancies were due to the ordinary and customary turnover of labour

The Fair Work Act 2009 (Cth) (FW Act) provides a minimum entitlement to redundancy pay in situations where an employee’s position is genuinely made redundant. There are exceptions, however, to when this entitlement will be paid, one of which is when the employer no longer requires the job to be done due to the “ordinary and customary turnover of labour”.What this phrase actually means was recently considered by the Federal Court of Australia in the decision of Fair Work Ombudsman v Spotless…See More
Mar 5
Shane Koelmeyer posted blog posts
Mar 4
A blog post by Shane Koelmeyer was featured

Who’s the Boss? Employee loses redundancy pay after refusing other acceptable employment

The Fair Work Commission (FWC) has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused.Under section 120 of the Fair Work Act 2009 (Cth) (FW Act), the FWC has the discretion to reduce an employee’s entitlement to redundancy pay in either of the following circumstances:(i) the employer obtains other acceptable employment for the employee; or (ii) the…See More
Mar 4
Shane Koelmeyer posted blog posts
Feb 28
A blog post by Shane Koelmeyer was featured

Put it in writing: Court rejects employee’s proposed adjustments to workplace

Australia’s anti-discrimination legislation imposes positive obligations on employers to make reasonable adjustments in the workplace to accommodate an employee’s disability, unless doing so would cause unjustifiable hardship to the business.A failure to make such reasonable adjustments may constitute disability discrimination.In a recent decision, the Federal Circuit Court of Australia (the Court) considered the reasonableness of proposed workplace adjustments for an employee who had Obsessive…See More
Feb 15
A blog post by Shane Koelmeyer was featured

Weighing the costs: Employer awarded $35,000 in costs after defeating adverse action claim

As many readers will know, the Fair Work jurisdiction (claims brought under the Fair Work Act 2009 (Cth) (FW Act)) is a “no costs” jurisdiction. For most employers, what this means is that when an employee brings a claim, say for unfair dismissal or unlawful adverse action, and the employer successfully defends the claim, it cannot pursue the employee for any of the legal costs it has incurred in the process. In short, everyone pays their own legal fees, regardless of the outcome.There are…See More
Feb 14
A blog post by Shane Koelmeyer was featured

Reckless: Self employer convicted and given jail time following death of worker

Work health and safety legislation in Australia places significant duties and obligations on employers to ensure the health and safety of workers and others in the workplace.Breaches of work health and safety duties constitute offences under work health and safety legislation and can lead to prosecution by a regulator. Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.The recent prosecution and conviction of an owner-operator in Victoria…See More
Feb 12
Shane Koelmeyer posted blog posts
Feb 11
A blog post by Shane Koelmeyer was featured

Free free, set them free: common misconceptions about dismissing an employee in their probation period

A recent decision of the Federal Circuit Court of Australia (the Court) has shown why employers must always exercise care when seeking to dismiss employees – even during their probation period.In Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734, an employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.At the time of the dismissal, the employer’s HR Manager and Area Manager advised the…See More
Jan 31
2 blog posts by Shane Koelmeyer were featured
Jan 30
Shane Koelmeyer posted blog posts
Jan 29

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

A break from banter: FWC upholds dismissals from workplace with “robust environment”

Posted on March 11, 2019 at 9:57 0 Comments

Workplace culture can dramatically vary from workplace to workplace.

It is becoming increasingly challenging for employers and employees to understand where  the line is between a relaxed, open and friendly workplace culture, a robust workplace culture and what is a workplace with a bullying or harassment issue?

In a recent decision, the Fair Work Commission (FWC) was tasked with unpacking these difficult issues (Pridham and Rose v Viterra Operations Pty Ltd T/A…

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You’ve got email: WCC finds addressing email issues with worker not reasonable action

Posted on March 11, 2019 at 9:30 0 Comments

Under workers compensation legislation, the “reasonable action” defence is one often relied upon by insurers against claims of work-related psychological injury.

The parameters of the “reasonable action” defence differ to some extent across the Australian states and territories. In some states, such as Queensland, Victoria, South Australia and Tasmania, the definition of “reasonable action” is quite broad and can encompass a wide range of actions by the employer. However, in other…

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Handle with care: Managing the new family and domestic violence leave entitlement

Posted on March 4, 2019 at 13:43 0 Comments

The introduction of family and domestic violence leave entitlements into modern awards and the Fair Work Act 2009 (Cth) (FW Act) last year was a significant development in Australian workplace relations. It has prompted employers to now give considerable thought as to how well their workplace is equipped to deal with such situations involving their employees.



What is the entitlement?

In summary, employees are entitled to a minimum of five days of unpaid…

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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

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