Shane Koelmeyer's Blog – July 2015 Archive (5)

What to do about employees charged with criminal offences

Employers are often faced with the challenging task of how to approach the situation where an employee falls foul of the law as a result of conduct in their personal life.

Consider the following recent examples involving professional footballers:

In February this year, a former rugby league, Australian rules and now rugby union player was charged with the use and supply of cocaine. The player was immediately stood down from his club, the Queensland Reds, and after entering a…


Added by Shane Koelmeyer on July 28, 2015 at 16:18 — No Comments

[No] ticket to drive – a lesson for employers

In the recent case of Mr Christopher K v Linfox Australia Pty Ltd [2015] FWC 3967 the Fair Work Commission confirmed that there will be a valid reason for the termination of an employee’s employment where they are unable to perform the inherent requirements of their position.

In this matter, Mr K was employed as a full-time truck driver for Linfox at its Newcastle site. Earlier this year, whilst driving his own vehicle, Mr K was charged…


Added by Shane Koelmeyer on July 22, 2015 at 19:28 — No Comments

Inherent Requirements and Psychological Conditions

As our readers are aware, we have previously blogged about including psychological testing as part of a pre-employment medical.  Building on that theme we now comment on a recent FWC decision involving an employer’s ability to have existing employees undergo a psychological medical examination.

In January 2014, Mr Z raised concerns about the behaviour of his…


Added by Shane Koelmeyer on July 20, 2015 at 13:18 — No Comments

FWC recognises importance of confidentiality in employer investigations

Sharon Bowker; Annette Coombe; Stephen Zwarts v DP World Melbourne Limited t/a DP World; Maritime Union of Australia, The Victorian Branch and Others [2015] FWC 4542

Three DP World employees previously applied to the Fair Work Commission (FWC) for stop bullying orders against their DP World colleagues who were also members of the Maritime Union of Australia.

The substantive proceedings were put on hold until FWC heard DP…


Added by Shane Koelmeyer on July 13, 2015 at 17:04 — No Comments

Uber or employees?

California (USA) Labor Commission Rules Uber Driver is an Employee.

In California, a Commissioner has said that an Uber driver who connects with his customers through the Uber app must be considered to be an employee.  This means that Uber drivers are now eligible for reimbursements for expenses and for the minimum wage.

Uber is a service where drivers can pick up…


Added by Shane Koelmeyer on July 6, 2015 at 13:04 — No Comments

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