Shane Koelmeyer
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  • Sydney
  • Australia
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3 blog posts by Shane Koelmeyer were featured
Nov 19
Shane Koelmeyer posted blog posts
Nov 17
2 blog posts by Shane Koelmeyer were featured
Oct 15
Shane Koelmeyer posted blog posts
Oct 15
2 blog posts by Shane Koelmeyer were featured
Aug 19
A blog post by Shane Koelmeyer was featured

All in good fun: Company vicariously liable for injury resulting from skylarking supervisor

Enjoying the company of your colleagues is something most people hope to find in the workplace. It can make work much more enjoyable and lead to lasting friendships. However, fun in the workplace can cross a line when it takes the form of dangerous skylarking or roughhousing. Dangerous behaviour by colleagues can pose a serious risk to work health and safety and can breach the obligations that an employer owes to its workers and employees owe to each other. Where accidents and injuries occur,…See More
Aug 12
Shane Koelmeyer posted blog posts
Aug 11
3 blog posts by Shane Koelmeyer were featured
Jul 23
Shane Koelmeyer posted blog posts
Jul 21
A blog post by Shane Koelmeyer was featured

The probation myth: Probation and the "minimum employment period" in the Fair Work Act 2009 (Cth)

There is a common misconception that probationary periods allow an employer to dismiss an employee for any reason (or for no reason at all) prior to the confirmation of their employment. This is not necessarily the case and, in fact, there is no statutory basis that entitles an employer and an employee to a probationary period. The concept of a probationary period is largely derived from the provisions of the Fair Work Act 2009 (Cth) (FW Act) relating to minimum employment periods. Under the FW…See More
Jul 15
Shane Koelmeyer posted blog posts
Jul 14
A blog post by Shane Koelmeyer was featured

A-League club facing adverse action claim in Court

It is sometimes forgotten that sporting clubs and organisations are employers who are also subject to workplace laws and regulations in relation to their employees.In a stark reminder that sporting clubs and organisations are not exempt from the rules, the former team manager of Western United has commenced proceedings in the Federal Circuit Court of Australia, alleging that the head coach of the A-League club bullied him and caused him to develop a mental illness.The team manager is claiming…See More
Jul 6
2 blog posts by Shane Koelmeyer were featured
Jun 25
A blog post by Shane Koelmeyer was featured

Stand down and out: FWC dismisses challenge to stand down

Across Australia, employers continue to face the difficult challenge of standing down employees in response to the effects of the COVID-19 pandemic.Under s524 of the Fair Work Act 2009 (Cth) (FW Act), an employer is able to stand down an employee in circumstances where the employee cannot usefully be employed because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible.In the recent decision of Marson v Coral Princess Cruises (N.Q.) Pty Ltd T/A Coral…See More
Jun 23
A blog post by Shane Koelmeyer was featured

Adverse action claim initiated against professional football club

The Chief Operating Officer of Macarthur and South West United FC (the Club) has launched legal proceedings against the Club, the Club Chair and another director alleging breaches of the general protections provisions under the Fair Work Act 2009 (Cth) (FW Act). The FW Act provides protections including but not limited to, protection from adverse action for exercising workplace rights, for engaging in industrial activity and for temporary absence due to illness or injury. The FW Act also…See More
Jun 22
Shane Koelmeyer posted blog posts
Jun 22

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

Put your records on: Court penalises accountant for involvement in employer's failure to keep employee records

Posted on November 17, 2020 at 9:18 0 Comments

The Fair Work Regulations 2009 (Cth) (FW Regulations) impose a number of obligations on employers with respect to the making and keeping of employee records and pay slips.

The FW Regulations set out what records an employer is required to hold and the period for which they must be…

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Construction Zone: FWC upholds objection to constructive dismissal claim

Posted on November 17, 2020 at 9:15 0 Comments

In order to access the unfair dismissal jurisdiction, an employee must be “dismissed” from their employment by the employer. One of the instances in which an employee may be “dismissed” from their employment is if they were forced to resign because of the employer’s conduct or course of conduct. This is referred to as “constructive dismissal”.

This can often be a contentious issue as employees may perceive that…

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It's on you: The onus and presumption in adverse action matters

Posted on November 17, 2020 at 9:13 0 Comments

Under the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), it is unlawful for a person to take adverse action against another person for a proscribed reason.

One of the features of the general protections provisions under the FW Act is the presumption that…

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In your letter: Termination of employment letters

Posted on October 15, 2020 at 10:01 0 Comments

A termination of employment letter serves a significant purpose in bringing the employment relationship to an end.

Termination letters are frequently relied upon by employers and employees alike when a claim for unfair dismissal is made. Given their tendency to arise in legal proceedings, it is important that these documents are correct, provide as much detail as possible and meet the requirements under the Fair Work Act 2009 (Cth) (FW…

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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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