Shane Koelmeyer
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  • Sydney
  • Australia
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3 blog posts by Shane Koelmeyer were featured
yesterday
Shane Koelmeyer posted blog posts
Tuesday
2 blog posts by Shane Koelmeyer were featured
Feb 25
Shane Koelmeyer posted blog posts
Feb 24
A blog post by Shane Koelmeyer was featured

Less is more: Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.In Lupson v Australian Pacific Airports (Melbourne) Pty Ltd [2020] FWC 6721, the Fair Work Commission (FWC) was critical of an employer’s investigation process which involved…See More
Feb 11
Shane Koelmeyer posted a blog post

Less is more: Fair Work Commission critical of investigation process despite the employer’s valid reason for dismissal

Employers often see the disciplinary process as an opportunity to raise every single indiscretion by an employee – even though the issues occurred in the past or are minor in nature when compared to other misconduct. However, this approach can weaken the employer’s position, rather than strengthen the decision to dismiss.In Lupson v Australian Pacific Airports (Melbourne) Pty Ltd [2020] FWC 6721, the Fair Work Commission (FWC) was critical of an employer’s investigation process which involved…See More
Feb 10
A blog post by Shane Koelmeyer was featured

Fine following workplace fatality quadrupled following government intervention

Work health and safety legislation in Australia places significant duties and obligations on persons conducting a business or undertaking (PCBU) to ensure the health and safety of workers. These duties and obligations, and the penalties for non-compliance, are intended to reflect the serious harm that could be suffered by workers at work and to act as deterrents to employer staking shortcuts when it comes to health and safety.PCBUs must have the correct processes and measures in place to…See More
Feb 4
Shane Koelmeyer posted a blog post

Fine following workplace fatality quadrupled following government intervention

Work health and safety legislation in Australia places significant duties and obligations on persons conducting a business or undertaking (PCBU) to ensure the health and safety of workers. These duties and obligations, and the penalties for non-compliance, are intended to reflect the serious harm that could be suffered by workers at work and to act as deterrents to employer staking shortcuts when it comes to health and safety.PCBUs must have the correct processes and measures in place to…See More
Feb 3
A blog post by Shane Koelmeyer was featured

The daily commute: Fair Work Commission accepts that role with additional travel time was acceptable redeployment employment

Employers have long known that they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role.  This might include redeployment within the employer or its related companies, or finding employment with a third party.Despite employers’ best efforts to preserve employment, from time-to-time disputes arise when employees would rather have redundancy pay than a new role – or where the new role is not an adequate substitute for the…See More
Jan 22
Shane Koelmeyer posted a blog post

The daily commute: Fair Work Commission accepts that role with additional travel time was acceptable redeployment employment

Employers have long known that they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role.  This might include redeployment within the employer or its related companies, or finding employment with a third party.Despite employers’ best efforts to preserve employment, from time-to-time disputes arise when employees would rather have redundancy pay than a new role – or where the new role is not an adequate substitute for the…See More
Jan 22
3 blog posts by Shane Koelmeyer were featured
Nov 19, 2020
Shane Koelmeyer posted blog posts
Nov 17, 2020
2 blog posts by Shane Koelmeyer were featured
Oct 15, 2020
Shane Koelmeyer posted blog posts
Oct 15, 2020
2 blog posts by Shane Koelmeyer were featured
Aug 19, 2020
A blog post by Shane Koelmeyer was featured

All in good fun: Company vicariously liable for injury resulting from skylarking supervisor

Enjoying the company of your colleagues is something most people hope to find in the workplace. It can make work much more enjoyable and lead to lasting friendships. However, fun in the workplace can cross a line when it takes the form of dangerous skylarking or roughhousing. Dangerous behaviour by colleagues can pose a serious risk to work health and safety and can breach the obligations that an employer owes to its workers and employees owe to each other. Where accidents and injuries occur,…See More
Aug 12, 2020

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

The rooster and the sunrise: Court finds rescinded job offer was not age discrimination

Posted on March 2, 2021 at 12:01 0 Comments

Discrimination in the workplace is unlawful under a number of Australian laws, including state and federal anti-discrimination legislation (such as the Age Discrimination Act 2004 (Cth)) as well as the Fair Work Act 2009 (Cth) (FW Act).

One of the attributes that is protected by such legislation is a person’s age – meaning that it is unlawful for a person, including an employer or prospective employer, to engage  in any action that would disadvantage…

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Host with the most: Full Bench quashes order to reinstate labour hire employee to host employer

Posted on March 2, 2021 at 11:57 0 Comments

In the unfair dismissal jurisdiction, where it is found by the Fair Work Commission (FWC) that an employee has been unfairly dismissed, the primary remedy under the Fair Work Act 2009 (Cth) (FW Act) is for the employee to be reinstated to the position they held immediately prior to their dismissal or another position on no less favourable terms. Reinstatement can be with or without an order to maintain continuity of employment and to restore lost…

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Celebrity Search: FWC upholds dismissal of an employee who repeatedly and deliberately accessed customer’s confidential information without authorisation

Posted on March 2, 2021 at 11:30 0 Comments

During the course of their employment, employees may have access to confidential information which belongs to their employer. This information may be in the form of personal information provided by customers and is therefore sensitive in nature.

While access to customer information may be required by an employee in order to carry out their duties, it is critical that employers have policies in place to protect customer information and ensure that it is not misused or improperly…

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Consult, co-ordinate and co-operate: SafeWork NSW successfully prosecutes a PCBU for failing its consultation obligations with other duty holders

Posted on February 24, 2021 at 9:10 0 Comments

Persons conducting a business or undertaking (PCBUs) have a range of positive duties and obligations to ensure the health and safety of workers under the model work health and safety laws in Australia. These duties and obligations can at times be forgotten, especially when PCBUs are engaged in complex work arrangements that involve a number of duty holders.

In such cases, PCBUs must be aware of the duties they bear, such as the consultation obligation which requires a…

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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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