Shane Koelmeyer's Blog – March 2016 Archive (7)

FWO First: Former Director still liable to pay penalties with his new wages

FWO First: Former Director to pay penalties through current wages

Fair Work Ombudsman v Sona Peaks Pty Ltd and DA MLG 933/2013

The Director of Sona Peaks Pty Ltd (in liquidation) (the Company) which traded as an Indian food restaurant in Victoria was recently ordered by the Federal Circuit Court of Australia (FCCA) to pay a…


Added by Shane Koelmeyer on March 29, 2016 at 15:00 — No Comments

Going...going...gone – terminated employees and confidential information

BlueScope Steel Limited v S [2016] FCA 4 (BlueScope Case)

BlueScope Steel Limited was successful in its urgent Federal Court of Australia application to prohibit a former employee from using or destroying its confidential information, including intellectual property and software.

The Employee was employed by Blue Scope Limited…


Added by Shane Koelmeyer on March 23, 2016 at 16:30 — No Comments

Video on demand – the danger to employers for employees caught behaving badly

The recent Australia Day off-field incident which involved an NRL Sydney Roosters (the Club) player serves a warning to both employers and employees about the dangers of alcohol and social media.

The player was filmed on camera simulating a lewd act with a dog at a private party.

The player and some other team mates attended the party after the Club’s sanctioned Sydney Harbour cruise which…


Added by Shane Koelmeyer on March 16, 2016 at 16:30 — No Comments

Office online instant messaging services: the do’s and don’ts

The “digital water cooler”, where co-workers are able to have informal conversations instantaneously without the worry that their conversations will be saved, is an attractive proposition for many modern workplaces.

There are now plenty on online instant messaging providers who are now offering a mixture of additional features such as the ability to upload images, videos and even voice messages. 

Generally speaking,…


Added by Shane Koelmeyer on March 16, 2016 at 16:30 — No Comments

Hammering home that sexual harassment not tolerated

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

The employee lodged a complaint to store management that some tradesmen who were customers at the store had acted in a sexist manner toward her. In response, store management acted by banning the tradesmen from shopping at the…


Added by Shane Koelmeyer on March 11, 2016 at 7:30 — No Comments

“I’m late; I’m late, for a very important date!” – How to deal with latecomers in the workplace.

In a recent Fair Work Commission (FWC) decision, Mr R v Pickles Auctions Pty Ltd [2016] FWC 858 (Pickles Case), the FWC commended the Employer for its process in terminating the employment of a habitual latecomer.   In the Pickles Case, Mr R was habitually late for work and whilst his work performance was good, his lateness was unsatisfactory.  Mr R had been issued a number of verbal and written warnings since 2011 (with three being issued in the…


Added by Shane Koelmeyer on March 11, 2016 at 7:30 — No Comments

Stop bullying orders not required after employer changes its ways

Ms LP [2016] FWC 763

The Fair Work Act 2009 (Cth) (FW Act) provides that the Fair Work Commission (the Commission) may only make orders to stop bullying if it is found that the worker has been bullied at work and if there is a risk that the bullying will continue.

The FW Act also sets…


Added by Shane Koelmeyer on March 1, 2016 at 16:30 — No Comments

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