Shane Koelmeyer
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A blog post by Shane Koelmeyer was featured

Please, please, please, let me get what I want: Employer’s refusal of flexible working arrangement was not a dismissal

One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.An employer’s refusal of a flexible working arrangement request was recently considered by the Fair Work Commission (the FWC) in Phillips v Integrated Medical Solutions Group Pty Ltd [2019] FWC 6225.The…See More
Wednesday
A blog post by Shane Koelmeyer was featured

Destructive criticism: Lawyer dismissed for publicly criticising clients

When considering claims of adverse action under the Fair Work Act 2009 (Cth) (the FW Act) a key focus of inquiry is the actual reasons of the decision-maker for engaging in the action.The Federal Court of Australia recently considered this point in determining whether a major law firm engaged in adverse action in contravention of the FW Act when it dismissed a lawyer who had publicly criticised the law firm’s clients, being two Commonwealth Government agencies.In R v The Partnership trading as…See More
Oct 14
Shane Koelmeyer posted blog posts
Oct 9
A blog post by Shane Koelmeyer was featured

One for my baby, and one more for the road: Drive through bottle shop attendant dismissed because of pregnancy

A bottle shop attendant in Cairns was recently awarded compensation in excess of $39,000 after she was dismissed for being pregnant (Leutton v Sheralee Hotels Pty Ltd Trading As Imperial Tavern & Ors [2019] FCCA 2471).The employee was working in the drive through bottle shop of a tavern when she was informed by her doctor that, because of her pregnancy, she should not lift more than 5kg.Following her visit to her doctor, the employee attended a meeting with the tavern’s bar manager and…See More
Oct 9
Rachel Matheson liked Shane Koelmeyer's blog post Acts of gross stupidity: Workplace bullies convicted and fined for breaching WHS duties
Sep 27
A blog post by Shane Koelmeyer was featured

Acts of gross stupidity: Workplace bullies convicted and fined for breaching WHS duties

There have been a number of prosecutions this year that have resulted in workplace bullies being found to have breached their duties under State and Territory work health and safety legislation.For instance, WorkSafe Victoria has reported a number of successful prosecutions against workplace bullies this year and we recently discussed a decision of the District Court of New South Wales in which a tradesman was convicted and fined for breaching his duties under WHS laws in NSW after he had…See More
Sep 26
A blog post by Shane Koelmeyer was featured

Workers rode scaffolding to the ground: Employer convicted and fined for WHS breach

A NSW scaffolding business has been convicted and fined after it pleaded guilty to an offence under the Work Health and Safety Act 2011 (NSW) (WHS Act) (SafeWork NSW v Sydney Hoist and Scaffolding Pty Ltd [2019] NSWDC 442). The Sydney-based scaffolding business pleaded guilty to failing to comply with its primary duty under s19 of the WHS Act, when it exposed workers to a risk of death or serious injury. The incident that resulted in the conviction and fine involved a major scaffolding collapse…See More
Sep 25
Shane Koelmeyer posted blog posts
Sep 24
Rachel Matheson liked Shane Koelmeyer's blog post Only time will tell: Full Court decides meaning of “day” for personal/carer’s leave
Sep 6
2 blog posts by Shane Koelmeyer were featured
Sep 5
Shane Koelmeyer posted blog posts
Sep 4
A blog post by Shane Koelmeyer was featured

Group Effort: How a region banded together to improve employment standards

No employer operates in a silo – all employers operate in complex systems of interrelated stakeholders including employees, customers, other businesses, and regulators who enforce the laws that apply to the employer and their business. The actions of employers, therefore, have consequences for those stakeholders. Even decisions that on the surface appear only to concern two parties – the employer and the employee – can have ripple effects on the others. For example, the conduct of a…See More
Aug 29
A blog post by Shane Koelmeyer was featured

Fool me once, sham on you: FWC refers employer to FWO over sham contracting

The rapid rise of concepts such as the gig economy has seen a significant shift in our understanding of the differences between independent contractors and employees. The distinction between the two is now more complex and can be difficult to discern, but regulatory bodies have made it clear that they will not tolerate the intentional mischaracterisation of employment relationships as a means of depriving genuine employees of their entitlements. There have been numerous cases in recent times…See More
Aug 27
Shane Koelmeyer posted blog posts
Aug 22
A blog post by Shane Koelmeyer was featured

Brace yourself for consequences: Dentist penalised for non-compliance and personally ordered to rectify underpayments

The Fair Work Ombudsman (FWO) is responsible for ensuring compliance with workplace laws. It does this by investigating and taking enforcement action against suspected breaches of the Fair Work Act 2009 (Cth) (FW Act).Under the FW Act, one of the enforcement powers of the FWO is to issue a compliance notice requiring the employer to address contraventions of the FW Act. Failing to comply with this compliance notice has serious consequences and itself constitutes a contravention of a civil…See More
Aug 22
A blog post by Shane Koelmeyer was featured

Not ok in any (con)text: Texting, dismissal and the FWC

Terminating an employee’s employment can be a confronting situation. It is difficult news to deliver and is often fuelled with emotion. For those reasons, many managers and employers attempt to avoid conflict or confrontation by delivering the news in a way that doesn’t involve a face to face meeting, such as in email or text message. In two recent decisions, the Fair Work Commission (FWC) has warned against such an approach and has heavily criticised two separate employers who dismissed…See More
Aug 14

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

Destructive criticism: Lawyer dismissed for publicly criticising clients

Posted on October 9, 2019 at 10:48 0 Comments

When considering claims of adverse action under the Fair Work Act 2009 (Cth) (the FW Act) a key focus of inquiry is the actual reasons of the decision-maker for engaging in the action.

The Federal Court of Australia recently considered this point in determining whether a major law firm engaged in adverse action in contravention of the FW Act when it dismissed a lawyer who had publicly criticised the law firm’s clients, being two Commonwealth Government…

Continue

Please, please, please, let me get what I want: Employer’s refusal of flexible working arrangement was not a dismissal

Posted on October 9, 2019 at 10:44 0 Comments

One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.

An employer’s refusal of a flexible working arrangement request was recently considered by the Fair Work Commission (the FWC) in Phillips v…

Continue

One for my baby, and one more for the road: Drive through bottle shop attendant dismissed because of pregnancy

Posted on October 9, 2019 at 10:00 0 Comments

A bottle shop attendant in Cairns was recently awarded compensation in excess of $39,000 after she was dismissed for being pregnant (Leutton v Sheralee Hotels Pty Ltd Trading As Imperial Tavern & Ors [2019] FCCA 2471).

The employee was working in the drive through bottle shop of a tavern when she was informed by her doctor that, because of her pregnancy, she should not lift more than 5kg.

Following her visit to her doctor, the employee attended a meeting with the…

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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