Shane Koelmeyer's Blog – September 2015 Archive (4)

If I can be serious for a moment - getting serious about serious misconduct

There is often confusion about what conduct constitutes ‘serious misconduct’ when engaging in disciplinary action or considering summary dismissal as the reason for termination of employment.

On occasion, the concepts of ‘inappropriate and unacceptable behaviour’ and ‘serious misconduct’ are muddled when a decision is made to terminate an employee’s employment.

Employers risk claims of unfair dismissal where an employee’s employment is terminated due to ‘serious misconduct’…


Added by Shane Koelmeyer on September 21, 2015 at 18:30 — 1 Comment

Sick Leave and the Modern Workplace

The “workplace warrior”

Past generations grew up with the mentality of turning up for work no matter how sick they were feeling. Sick leave was not actively taken unless absolutely necessary and even then with great reluctance. There are many people who still have this attitude in the modern workplace and are often described as ‘workplace warriors’.

The ‘sickie’

To try…


Added by Shane Koelmeyer on September 10, 2015 at 10:00 — No Comments

Everything old is new again: accident pay provisions and modern awards

What is accident pay?

Historically, accident pay was considered to be a form of “make up pay” for the difference between the amount of workers compensation paid by the insurer and the employee’s award rate or actual rate of pay (i.e. any over award payments).

Accident pay became payable to an employee whilst they were on workers compensation for up to 26 weeks. This entitlement prior to 1 January 2010 was only derived from a federal award, state award or…


Added by Shane Koelmeyer on September 2, 2015 at 15:30 — No Comments

Where there is smoke, is there fire? Drug and alcohol testing in the workplace

An increasing number of workplaces have introduced drug and alcohol policies which include random drug testing. These introductions are not always warmly welcomed.

In the recent Fair Work Commission decision of Construction, Forestry, Mining and Energy Union-Construction and General Division v Port Kembla Coal Terminal Limited [2015] FWCFB 4075, the Full Bench held that it was not unjust or unreasonable for Port Kembla Coal Terminal Limited (the Employer) to introduce…


Added by Shane Koelmeyer on September 2, 2015 at 15:30 — No Comments

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