Shane Koelmeyer
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  • Australia
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2 blog posts by Shane Koelmeyer were featured
Wednesday
Shane Koelmeyer posted blog posts
Nov 17
3 blog posts by Shane Koelmeyer were featured
Nov 3
Shane Koelmeyer posted blog posts
Nov 3
2 blog posts by Shane Koelmeyer were featured
Oct 21
Shane Koelmeyer posted blog posts
Oct 20
A blog post by Shane Koelmeyer was featured

Not a “one and done” thing: The importance of WHS refresher training

It is an expected and necessary part of work health and safety (WHS) plans that all new workers receive relevant WHS training. A recent decision in the NSW District Court (the Court) has highlighted the need for employers to also re-induct or provide refresher training to workers when they are transferred to a different department or location.In SafeWork NSW v Crawfords Freightlines Pty Ltd [2021] NSWDC 442, Crawfords Freightlines Pty Ltd (the Employer) pleaded guilty to failing to comply with…See More
Sep 29
Shane Koelmeyer posted blog posts
Sep 23
A blog post by Shane Koelmeyer was featured

Procedurally disastrous: Commission orders employer to pay compensation as a result of its procedurally unfair disciplinary process

When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to the investigation. This is to ensure that the employee is afforded proper procedural fairness.The purpose of an investigation into allegations of misconduct is to determine whether or not the misconduct has actually taken place and can be put to the employee as part of a disciplinary process. During the course of an…See More
Sep 23
2 blog posts by Shane Koelmeyer were featured
Sep 16
Shane Koelmeyer posted blog posts
Sep 15
A blog post by Shane Koelmeyer was featured

Full force denied: Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”. In the recent decision of Burgess v Optus Administration Pty Ltd T/A Optus [2021] FWC 4459, the Fair Work Commission (FWC) was tasked with considering whether an employee was constructively dismissed…See More
Sep 11
Shane Koelmeyer posted a blog post

Full force denied: Commission rejects constructive dismissal claim after finding performance review process did not force employee to resign

For an employee to access the unfair dismissal jurisdiction, they must be “dismissed” from their employment by the employer. In some instances, a resignation can be a “dismissal”, when an employee is forced to resign due to the employer’s conduct. This is referred to as a “constructive dismissal”. In the recent decision of Burgess v Optus Administration Pty Ltd T/A Optus [2021] FWC 4459, the Fair Work Commission (FWC) was tasked with considering whether an employee was constructively dismissed…See More
Sep 9
2 blog posts by Shane Koelmeyer were featured
Aug 18
Shane Koelmeyer posted blog posts
Aug 16
A blog post by Shane Koelmeyer was featured

Hit the brakes: Commission finds on-the-job feedback sufficient in warning employee about poor performance

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) is required to consider a number of factors under the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.One such factor is, if the dismissal is related to unsatisfactory performance of an employee, whether or not that employee was warned about their unsatisfactory performance before the dismissal.In the recent case of Thapaliya v Caddle Investments Pty Ltd T/A Edenwood…See More
Aug 11

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

Compliance is a must: Employer and director ordered to pay penalties for failure to comply with compliance notice

Posted on November 17, 2021 at 17:13 0 Comments

The Fair Work Ombudsman (FWO) regularly engages in enforcement action for contraventions of the Fair Work Act 2009 (Cth) (FW Act). Such enforcement action includes issuing infringement and compliance notices, entering into enforceable undertakings or commencing litigation against companies and others involved in contraventions.

In the Fair Work Ombudsman and Registered Organisations Commission Entity Annual Report 2020-21 (the…

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No way, know how: What is the difference between confidential information and “know-how”?

Posted on November 17, 2021 at 17:13 0 Comments

During the course of the employment relationship, employees will inevitably gain knowledge or be exposed to information about the employer’s business that is considered confidential to its operations and which the employer does not want to be put out into the public domain.

It is for this reason that many employment contracts, particular for senior employees who have more exposure to such information, will contain clauses that aim to protect the employer’s confidential information and…

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Under suspicion: Commission finds employer’s suspicion of an employee’s misconduct was not a valid reason for dismissal

Posted on November 17, 2021 at 17:12 0 Comments

If considering taking disciplinary action due to an employee’s misconduct, it is critical that an employer makes a decision based on wrongdoing as opposed to a mere suspicion of wrongdoing. It may be first necessary to conduct an investigation in order to ascertain whether an allegation of misconduct can be substantiated before commencing disciplinary action.  

Termination of an employee’s employment on the mere suspicion of misconduct rather than any actual misconduct is likely to…

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Let’s get flexible: Employer acted “entirely reasonably” when terminating employee who worked flexible hours

Posted on November 3, 2021 at 10:11 0 Comments

It is not uncommon for employers and employees to agree to flexible working hours, particularly in circumstances where the employee has family or other caring responsibilities. Such arrangements are best recorded in writing, setting out clear expectations of the employee.

In Sinclair v Sunwise Constructions Pty Ltd [2021] FWC 5994, the Fair Work Commission (FWC) was recently required to consider an unfair dismissal application of an employee who was dismissed…

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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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