Shane Koelmeyer
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  • Sydney
  • Australia
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2 blog posts by Shane Koelmeyer were featured
Wednesday
Shane Koelmeyer posted blog posts
Tuesday
A blog post by Shane Koelmeyer was featured

A force not to be reckoned with: Requesting health information from employees

A recent decision of the NSW Industrial Relations Commission (NSW IRC) has highlighted one of the pertinent issues currently being faced by employers – that is, to what extent an employer is entitled to require or request an employee provide them with personal medical information.An employee’s (or any individual’s) health information is generally provided with a higher level of privacy protection under Australia’s privacy laws given its highly personal nature. As a result, it can only be…See More
Aug 4
Shane Koelmeyer posted blog posts
Jul 20
Shane Koelmeyer posted a blog post

Great expectations: No reasonable expectation of regular and systematic employment for casual employee

An employee will have access to the unfair dismissal jurisdiction if they have completed a minimum employment period of six months (or 12 months for small business employers). Generally, service as a casual employee will not count towards the period of service needed to satisfy the minimum employment period unless they were a regular casual, and they had a reasonable expectation of continuing employment on a regular and systematic basis. In Gu v Geraldton Fishermen’s Co-operative Pty Ltd [2022]…See More
Jul 13
A blog post by Shane Koelmeyer was featured

No show cause: Employer’s lack of procedural fairness rendered the dismissal of his employee harsh

Under the Fair Work Act 2009 (Cth) (FW Act), whether an employee’s dismissal was procedurally fair is a key factor in determining whether the dismissal was unfair. Procedural fairness requires an employee be given an opportunity to respond to or explain an allegation put to them by their employer. The employer must consider that response or explanation before deciding the disciplinary penalty – eg: a warning, or termination of employment.In Bostock v Austmont Pty Ltd [2022] FWC 1185, despite…See More
Jul 7
Shane Koelmeyer posted blog posts
Jul 6
A blog post by Shane Koelmeyer was featured

A bone to pick: Assessing the “reasonableness” of additional hours

Under the Fair Work Act 2009 (Cth) (the FW Act), employers are prohibited from requesting or requiring full-time employees to work more than 38 hours per week, unless those additional hours are reasonable.When considering the reasonableness of additional hours, section 62(3) of the FW Act provides a list of factors which are to be taken into account, such as whether there would be a risk to the employee’s health and safety, the employee’s personal circumstances, any entitlements to overtime,…See More
Jul 1
2 blog posts by Shane Koelmeyer were featured
Jun 30
Shane Koelmeyer posted blog posts
Jun 30
Shane Koelmeyer posted blog posts
Jun 28
A blog post by Shane Koelmeyer was featured

Step back: Employer fails to disprove adverse action claim

A recent decision of the Federal Circuit and Family Court of Australia (the Court) has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth) (FW Act).Section 361 of the FW Act states, where an allegation of unlawful adverse action is made, it will be presumed that the action was, or is being, taken for the unlawful reason, unless the person proves otherwise.In Lamb v RPS AAP Consulting Pty Ltd [2022] FedCFamC2G…See More
Jun 15
A blog post by Shane Koelmeyer was featured

Sham slam: Commission applies test confirmed by High Court in distinguishing between employee and contractor

In a recent decision, the Fair Work Commission (FWC) has applied the test recently confirmed by the High Court of Australia in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (the High Court Decisions), in distinguishing between employees and contractors.The High Court Decisions confirmed that the distinction must be made by reference to the rights and obligations of the parties under the contract.In Chambers; O’Brien v Broadway…See More
May 25
Shane Koelmeyer posted blog posts
May 25
A blog post by Shane Koelmeyer was featured

Down but not out: Full Bench looks at meaning of dismissed for the purposes of the unfair dismissal jurisdiction

The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the employee had been dismissed from his employment when he was demoted to a lesser…See More
May 19
Shane Koelmeyer posted blog posts
May 18

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

There’s nothing holdin’ me back: Post-employment restraint went beyond what is enforceable

Posted on August 17, 2022 at 8:00 0 Comments

It is not common for employment contracts to contain restraint of trade clauses which seek to prevent departing employees from joining competitors or using or disclosing their former employer’s confidential information.

Enforcement of such clauses is often through the courts who will determine whether they are reasonable to protect the employer’s legitimate business interests. In United Petroleum Pty Ltd v Barrie [2022] FCA 818, the Federal Court of Australia declined to…

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Talk before the walk: Commission finds employee was dismissed despite “heat of the moment” resignation

Posted on August 17, 2022 at 8:00 0 Comments

One of the key elements of a procedurally fair disciplinary process is for the employee in question to be notified of the seriousness of the process (including the potential disciplinary penalties) and to be provided with an opportunity to respond to any allegations before a decision as to disciplinary action has been made.

An employer failing to take these steps can lead to the employee feeling as though the employer has already made its decision, irrespective of what the employee…

Continue

A force not to be reckoned with: Requesting health information from employees

Posted on July 20, 2022 at 8:00 0 Comments

A recent decision of the NSW Industrial Relations Commission (NSW IRC) has highlighted one of the pertinent issues currently being faced by employers – that is, to what extent an employer is entitled to require or request an employee provide them with personal medical information.

An employee’s (or any individual’s) health information is generally provided with a higher level of privacy protection under Australia’s privacy laws given its highly personal nature. As a…

Continue

Stone cold: Court finds that adverse action was taken against employee due to his silica disease diagnosis

Posted on July 20, 2022 at 8:00 0 Comments

The Fair Work Act 2009 (Cth) (FW Act) prohibits employers from dismissing an employee from their employment because they have exercised a workplace right or because of a discriminatory reason, such as  physical or mental disability.

In Ruttley v Willis Brothers Installation (Qld) Pty Ltd [2022] FedCFamC2G 430, the Federal Circuit and Family Court of Australia (the Court) was satisfied that a stone benchtop manufacturer and installer…

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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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