Shane Koelmeyer
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  • Sydney
  • Australia
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A blog post by Shane Koelmeyer was featured

Put it in writing: Court rejects employee’s proposed adjustments to workplace

Australia’s anti-discrimination legislation imposes positive obligations on employers to make reasonable adjustments in the workplace to accommodate an employee’s disability, unless doing so would cause unjustifiable hardship to the business.A failure to make such reasonable adjustments may constitute disability discrimination.In a recent decision, the Federal Circuit Court of Australia (the Court) considered the reasonableness of proposed workplace adjustments for an employee who had Obsessive…See More
16 hours ago
A blog post by Shane Koelmeyer was featured

Weighing the costs: Employer awarded $35,000 in costs after defeating adverse action claim

As many readers will know, the Fair Work jurisdiction (claims brought under the Fair Work Act 2009 (Cth) (FW Act)) is a “no costs” jurisdiction. For most employers, what this means is that when an employee brings a claim, say for unfair dismissal or unlawful adverse action, and the employer successfully defends the claim, it cannot pursue the employee for any of the legal costs it has incurred in the process. In short, everyone pays their own legal fees, regardless of the outcome.There are…See More
yesterday
A blog post by Shane Koelmeyer was featured

Reckless: Self employer convicted and given jail time following death of worker

Work health and safety legislation in Australia places significant duties and obligations on employers to ensure the health and safety of workers and others in the workplace.Breaches of work health and safety duties constitute offences under work health and safety legislation and can lead to prosecution by a regulator. Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.The recent prosecution and conviction of an owner-operator in Victoria…See More
Monday
Shane Koelmeyer posted blog posts
Monday
A blog post by Shane Koelmeyer was featured

Free free, set them free: common misconceptions about dismissing an employee in their probation period

A recent decision of the Federal Circuit Court of Australia (the Court) has shown why employers must always exercise care when seeking to dismiss employees – even during their probation period.In Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734, an employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.At the time of the dismissal, the employer’s HR Manager and Area Manager advised the…See More
Jan 31
2 blog posts by Shane Koelmeyer were featured
Jan 30
Shane Koelmeyer posted blog posts
Jan 29
3 blog posts by Shane Koelmeyer were featured
Dec 19, 2018
Shane Koelmeyer posted blog posts
Dec 14, 2018
2 blog posts by Shane Koelmeyer were featured
Nov 29, 2018
A blog post by Shane Koelmeyer was featured

Anyone can accessorise: The accessorial liability provisions of the FW Act

Findings of accessorial liability for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are now frequent occurrences. Most commonly, the individuals found to have been involved in contraventions of the FW Act are directors of companies, and those findings of personal liability result from prosecutions brought by the Fair Work Ombudsman (FWO).However, employers and their managers should be aware that it is not only the FWO that is able to bring claims alleging accessorial liability for a…See More
Nov 23, 2018
Shane Koelmeyer posted blog posts
Nov 22, 2018
2 blog posts by Shane Koelmeyer were featured
Nov 6, 2018
3 blog posts by Shane Koelmeyer were featured
Nov 1, 2018
Shane Koelmeyer posted blog posts
Nov 1, 2018
2 blog posts by Shane Koelmeyer were featured
Sep 27, 2018

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 & Workers Compensation for Employers
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, Workers Compensation for Employers
What kind of networking are you open to?
Open networking, Referrals between friends

Shane Koelmeyer's Blog

Free free, set them free: common misconceptions about dismissing an employee in their probation period

Posted on January 29, 2019 at 14:41 0 Comments

A recent decision of the Federal Circuit Court of Australia (the Court) has shown why employers must always exercise care when seeking to dismiss employees – even during their probation period.

In Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734, an employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.

At the time of the dismissal, the employer’s…

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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