Shane Koelmeyer
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  • Sydney
  • Australia
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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
2 blog posts by Shane Koelmeyer were featured
May 21
Shane Koelmeyer posted blog posts
May 20
2 blog posts by Shane Koelmeyer were featured
May 13
Shane Koelmeyer posted blog posts
May 12
2 blog posts by Shane Koelmeyer were featured
Apr 22
Shane Koelmeyer posted blog posts
Apr 22
A blog post by Shane Koelmeyer was featured

COVID-19 and modern award variations

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.The Hospitality Industry (General) Award 2010On 24 March 2020, the FWC decided to vary the Hospitality Industry (General) Award 2010 (the Hospitality Award) by inserting a…See More
Apr 15

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

Relationship status: It’s complicated - Understanding your contract in eSports and gaming

Posted on July 21, 2020 at 13:16 0 Comments

Being offered, or offering a person, a new opportunity in the gaming or eSports industry can be incredibly exciting. 


Everyone is looking to the road ahead and enthusiastically imagining a long and fruitful relationship. Gamers are understandably keen to get the work or training underway but, in that excitement, can…
Continue

Patience, you must have: FWC upholds safety-related dismissal of employee given multiple chances

Posted on July 21, 2020 at 13:05 0 Comments

The Fair Work Commission’s (FWC’s) recent decision in Hafsteins v Correct Installs Pty Ltd [2020] FWC 2729 has showcased a “patient” employer’s handling of an employee’s numerous workplace health and safety breaches. 


The employee was employed at a racking and storage system installation…
Continue

Bus money: FWC upholds dismissal of employee who borrowed money from bus passenger

Posted on July 14, 2020 at 15:36 0 Comments

Out of hours conduct and its impact on the employment relationship is always a hotly debated topic – particularly between employers and their employees.


Many employees hold the belief that their conduct outside of work is entirely irrelevant to their employment. However, this is not always the case as recently…
Continue

Brisbane company first to be convicted of industrial manslaughter

Posted on July 14, 2020 at 15:30 0 Comments

Workplace fatalities are tragic and devastating events. In order to reflect the seriousness of these incidents, some jurisdictions across Australia have amended their work health and safety laws to establish the offence of industrial manslaughter, where the negligent conduct by a person conducting a business or undertaking (PCBU) or officers causes the death of a worker.…
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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