Shane Koelmeyer
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A blog post by Shane Koelmeyer was featured

No Take Backs: Employer successfully recovers stolen money from former employee, despite deed of release

The end of the employment relationship can be a challenging time for both employers and employees.The parting of ways can be the result of many factors and there can be lots of issues at play that need resolution before the parties feel they can move on. One legal instrument commonly used to provide the parties with assurances about the finalisation of matters between them is a deed of release.In the employment context, a deed of release is an agreement between the parties that they will…See More
10 hours ago
A blog post by Shane Koelmeyer was featured

Talk to Me: the importance of consultation in the redundancy process

 The Fair Work Act 2009 (Cth) (FW Act) provides that a person will not be unfairly dismissed where the person was dismissed as a result of genuine redundancy.To obtain the “genuine redundancy” exemption a redundancy must meet certain criteria under section 389 of the FW Act, namely that:(a)  The employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise;(b)  The employer complied with any obligation in a…See More
Thursday
A blog post by Shane Koelmeyer was featured

De-Fame!: Employer ordered to pay $237,000 for defaming former employee

 Defamation in the workplace is more often than not associated with disgruntled employees making adverse or negative remarks about their employer (or former employer). This has become a major cause for concern for employers particularly with the advent of social media and online reviews.However, in a recent decision awarding $237,000 in damages to a victim of defamation, the District Court of New South Wales has reminded employers that they also have an obligation not to make defamatory or…See More
Apr 16
Shane Koelmeyer posted blog posts
Apr 15
A blog post by Shane Koelmeyer was featured

Family Feud: FWC orders managing director to stop bullying HR manager

In response to an application to stop bullying, the Fair Work Commission (FWC) has the power to make any orders it thinks necessary to prevent workplace bullying from continuing. The FWC’s exercise of this discretionary power has resulted in some interesting orders over the years, including requiring employees to greet each other in the mornings or directing that an employee stop exercising at work in the vicinity of another employee.In a more recent decision, the FWC dealt with a stop bullying…See More
Apr 12
A blog post by Shane Koelmeyer was featured

Safety is not a “sometimes thing”: Employer fined for failing to effectively enforce safe systems

The NSW District Court has convicted and fined a KFC franchisee after a young worker sustained third degree burns when his foot slipped into hot oil while he was cleaning the hoods of an overhead ventilation system.  The worker, who was 20 years old at the time of the incident, was employed as a Food Service Team Member at a KFC restaurant in North Coffs Harbour, NSW. He was tasked by his supervisor (who was just 19 years old) with cleaning cooking equipment in the kitchen, including the hood…See More
Apr 11
Shane Koelmeyer liked Shane Koelmeyer's blog post A break from banter: FWC upholds dismissals from workplace with “robust environment”
Apr 11
Shane Koelmeyer posted blog posts
Apr 11
2 blog posts by Shane Koelmeyer were featured
Mar 22
A blog post by Shane Koelmeyer was featured

Ten in the bin: Injunctions against suspensions from work

A suspension is a reasonable and lawful direction from an employer where, for the period of suspension, an employee will not be required to perform their duties in the usual manner they would normally be performed.There are certain circumstances where employees may be suspended from work with pay, such as when an investigation is being conducted or in the context of a disciplinary process.Ordinarily, the power to suspend an employee is a contractual term, but some awards or enterprise…See More
Mar 19
Shane Koelmeyer posted blog posts
Mar 19
Shane Koelmeyer updated their profile
Mar 15
2 blog posts by Shane Koelmeyer were featured
Mar 12
Shane Koelmeyer liked Shane Koelmeyer's blog post PCBU fined $375,000 following death of turf stacker
Mar 11
Shane Koelmeyer posted blog posts
Mar 11
2 blog posts by Shane Koelmeyer were featured
Mar 7

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

No good in goodbye – employee on stress leave did not abandon employment

Posted on April 11, 2019 at 10:48 0 Comments

Some employers may find themselves in the situation where an employee fails to show up to work for a period of time with no notice and no communication about their absence – never to be heard from again.

How the employer should respond? Particularly where it appears that the employee has abandoned their employment and has brought the employment relationship to an end.

In the recent decision in Thompson v Zadlea Pty Ltd T/A Atlas Steel [2019] FWC 1687, the Fair Work…

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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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