Shane Koelmeyer
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A blog post by Shane Koelmeyer was featured

Down but not out: Full Bench looks at meaning of dismissed for the purposes of the unfair dismissal jurisdiction

The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the employee had been dismissed from his employment when he was demoted to a lesser…See More
Thursday
Shane Koelmeyer posted blog posts
May 18
2 blog posts by Shane Koelmeyer were featured
May 11
Shane Koelmeyer posted blog posts
May 11
2 blog posts by Shane Koelmeyer were featured
May 4
2 blog posts by Shane Koelmeyer were featured
Apr 13
Shane Koelmeyer posted blog posts
Apr 13
A blog post by Shane Koelmeyer was featured

Trains N’ Roses: Full Bench clarifies test for out of work conduct

In our last Conversations, we discussed two recent decisions of the Fair Work Commission (FWC) which looked at an employee’s conduct outside of work and whether or not that conduct could be sufficiently connected to their employment so as to constitute a valid reason for dismissal.We expect that these types of disputes will become more prevalent in a post-COVID-19 environment where employees no longer need to physically be in a workplace to be engaging in conduct that falls within the scope of…See More
Apr 7
Shane Koelmeyer posted blog posts
Apr 6
2 blog posts by Shane Koelmeyer were featured
Apr 6
Shane Koelmeyer posted blog posts
Apr 5
2 blog posts by Shane Koelmeyer were featured
Mar 17
Shane Koelmeyer posted blog posts
Mar 16
A blog post by Shane Koelmeyer was featured

It’s all in the contract: The High Court affirms the importance of contractual terms when distinguishing between an employee and independent contractor

The High Court of Australia has handed down two long-awaited appeals regarding the distinction between employee and independent contractor, ultimately deciding that the answer is to be found in the terms of the written contract, with particular regard for the rights and obligations of the parties under that contract.In both cases, the High Court held that where parties have comprehensively agreed in a written contract as to the terms of their relationship, “the characterisation of their…See More
Mar 2
Shane Koelmeyer posted a blog post

It’s all in the contract: The High Court affirms the importance of contractual terms when distinguishing between an employee and independent contractor

The High Court of Australia has handed down two long-awaited appeals regarding the distinction between employee and independent contractor, ultimately deciding that the answer is to be found in the terms of the written contract, with particular regard for the rights and obligations of the parties under that contract.In both cases, the High Court held that where parties have comprehensively agreed in a written contract as to the terms of their relationship, “the characterisation of their…See More
Feb 25
A blog post by Shane Koelmeyer was featured

Unvaccinated and out of time: Commission declines to extend time for two unfair dismissal applications involving unvaccinated employees

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) imposes a strict 21-day time limit for employees to file unfair dismissal applications. The clock starts running from the date the dismissal takes effect.If an application is lodged outside the 21-day timeframe, the employee must seek an extension of time and the FWC is tasked with assessing whether exceptional circumstances exist to grant the extension of time. The FWC will take into account a number of discretionary factors,…See More
Feb 24

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

Step Back: Employer fails to disprove adverse action claim

Posted on May 18, 2022 at 15:30 0 Comments

A recent decision of the Federal Circuit and Family Court of Australia (the Court) has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth) (FW Act).

Section 361 of the FW Act states, where an allegation of unlawful adverse action is made, it will be presumed that the action was, or is being, taken for the unlawful reason, unless the person proves…

Continue

Sham slam: Commission applies test confirmed by High Court in distinguishing between employee and contractor

Posted on May 18, 2022 at 15:30 0 Comments

In a recent decision, the Fair Work Commission (FWC) has applied the test recently confirmed by the High Court of Australia in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (the High Court Decisions), in distinguishing between employees and contractors.

The High Court Decisions confirmed that the distinction must be made by reference to the rights and obligations of the…

Continue

Down but not out: Full Bench looks at meaning of dismissed for the purposes of the unfair dismissal jurisdiction

Posted on May 18, 2022 at 15:30 0 Comments

The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.

The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the…

Continue

Canteen Crasher: FWC warns against employer’s “concerning” performance management in stop-bullying application

Posted on May 11, 2022 at 8:30 0 Comments

The stop-bullying provisions of the Fair Work Act 2009 (Cth) (FW Act) provide a mechanism for the Fair Work Commission (FWC) to impose orders upon employers (as well as individual employees) which are aimed at stopping bullying behaviour in the workplace.

In applications for orders to stop bullying, the conduct of an employer will not constitute bullying under section 789D of the FW Act if it can be shown that the particular conduct was…

Continue

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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