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

Brothel Receptionist victim of adverse action

In a recent decision of the Federal Circuit Court of Australia (the Court), Rosa v Daily Planet Australia Pty Ltd & Anor [2016] FCCA 312 (Daily Planet Case) employers are once again reminded that employment of an employee can only be terminated on a lawful basis.

In the Daily Planet Case the Applicant had worked for the brothel from July 2008 until 3 December 2011 as a receptionist.  Being a single mother, the Applicant negotiated particular shifts. …


Added by Shane Koelmeyer on April 28, 2016 at 17:00 — No Comments

I’ll be there for you: The Support Person in the Disciplinary Process

Employees often argue that they have a “right” to a support person when they are invited to attend a “show cause” or termination meeting.  Do employees have this “right”? Should a disciplinary meeting go ahead if the employee does not bring a support person?

One of the key criteria that the Fair Work Commission (FWC) will consider when deciding whether the termination of an employee’s employment was “harsh, unjust or unreasonable” is if there was “any unreasonable…


Added by Shane Koelmeyer on April 27, 2016 at 16:00 — No Comments

Are you rolling with the team? How videos and social media can destabilise your team

In our previous blog "Video on demand – the danger to employers for employees caught behaving badly” we highlighted the risks to employers in the age of smart phones when an employee’s questionable conduct is recorded or shared around the workplace or on social media.

Recently sports and news outlets were abuzz after video emerged of a NBA player…


Added by Shane Koelmeyer on April 22, 2016 at 15:30 — No Comments

Deadline for Workplace Gender Equality Agency reporting fast approaching

The Workplace Gender Equality Act 2012 (Cth) requires all private sector Australian companies with 100 or more staff to report each year to the Workplace Gender Equality Agency (WGEA). 

 A company’s report will include the latest information regarding a company’s workplace profile for employees who are based in Australia.  Employers have until 31 May 2016 to provide this information to WGEA.

The data collected from the reports will be aggregated and analysed by…


Added by Shane Koelmeyer on April 20, 2016 at 15:21 — No Comments

Businesses to be held accountable for franchisee or subcontractor actions

In our recent e-update article small business contracts now protected by laws relating to unfair contract provisions we discussed the implications of the new unfair contracts law that will take effect from November 2016.  We also provided examples of unfair terms…


Added by Shane Koelmeyer on April 12, 2016 at 16:30 — No Comments

Training Day: Why training matters now and in the future for your organisation

Every year, employers expend time and money planning, developing and implementing learning and development programs for the year ahead. Indeed, the development of a corporate training calendar is one of the most important human resource functions in any organisation.

Corporate Training Needs

Conducting a skills assessment for current employees will assist to identify gaps in knowledge…


Added by Shane Koelmeyer on April 12, 2016 at 16:00 — No Comments

Passion Pop? - Massage parlour docks workers pay for lacking “passion”

In the recent Federal Circuit Court of Australia’s decision in Fair Work Ombudsman v Lu’s Healthcare Pty Ltd & Anor [2016] FCCA 506 (Massage Case) massage parlours were warned that failure to comply with the obligations under modern awards and applicable employment laws will not be tolerated. 

In the Massage Case, two massage therapists were…


Added by Shane Koelmeyer on April 1, 2016 at 15:30 — No Comments

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