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Articles by Shane Koelmeyer
Remote worker gets workers comp for dog bite at home
Work from home arrangements have become the ‘new normal’ across many workplaces since the COVID-19 pandemic. It is well known that an employer’s work health and safety obligation to ensure, so far as is reasonably practicable, the health and safety of its employees applies to all work environments, including where employees work from home.
FWC renders an employee dismissal unfair due to employer’s lack of HR knowledge
Many businesses, and in particular small business employers, subscribe to human resources information systems (HRIS) which offer access to template letters and policies to provide a ready-made solution or to manage human resources administration.
Christmas closure countdown: Important rule changes for annual leave and shutdowns
With Christmas less than 90 days away, employers should be turning their minds to planning and confirming their Christmas/New Year shutdown arrangements. What is a “shutdown”? A shutdown, sometimes referred to as a close down, occurs when an employer’s business (or part of the business) temporarily shuts down for a period of time.
Christmas closure countdown: Important rule changes for annual leave and shutdowns
Navigating the outside world on foot has never been a completely easy feat, but getting lost in complex and unfamiliar indoor spaces like hospitals, multi-level office buildings, universities and shopping centres, or even events like the Australian Open, especially when you have someplace you need to be, can make for an equally frustrating experience and it happens to many people on a daily basis.
Court finds HR manager shares slice of the blame in adverse action claim against pizza business
The Fair Work Act contains provisions which make it possible for individuals to be found accessorily liable for their involvement in a contravention of a workplace law. In particular, section 550 of the act provides that a person “involved in” a contravention will be taken to have contravened that provision themselves.
Employer ordered to pay $150,000 to employee who was sexually harrassed
In a recent decision of the Victorian Civil and Administrative Tribunal (VCAT), an employer has been ordered to pay $150,000 in general damages to a former employee for failing to take reasonable precautions to prevent her from being sexually harassed in the workplace. In the case, an employee was found to have contravened section 93 of the Equal Opportunity Act 2010 (Vic) (EO Act) by sexually harassing the applicant, who was another person employed by his employer.
Fair Work upholds dismissal of employee who was terminated after not providing proof of vaccination
Source: Unsplash/Christin Hume Today, HR administration systems make it easier than ever for employees to update their personal contact details. However, when there is formal communication to be sent to employees, employers should also ensure that they have the most up to date details for their employees to avoid any dispute about when information was sent or communicated.
Employee loses unfair dismissal bid after being terminated over Facebook posts
Source: Unsplash/Brett Jordan. Employees have a duty to ensure that their out of hours conduct (including social media posts) is not contrary to the obligations they owe to their employer. Further employees should also ensure that out of hours conduct is not in breach of workplace policies or damaging to the reputation of their employer.
Employee loses unfair dismissal bid after refusing to reveal vaccination status
COVID-19 vaccine. Source: Unsplash/Brano. A recent decision of the Fair Work Commission (FWC) has highlighted the privacy considerations for employers when implementing vaccination policies in the workplace, particularly in the current COVID-19 environment. Across Australia, many employers have been required to introduce (or at least consider introducing) vaccination policies as a result of public health orders or directions issued by federal, state and territory governments.
Termination email sent to inactive address was not notification of dismissal, says Fair Work Commission
Given the serious nature of matters such as dismissals, employers should, as far as reasonably practicable, communicate such matters in person to ensure that there is no confusion about when the employee was made aware of any issues with their employment. Understandably this may not always be possible, particularly in the COVID-19 context. Employers should therefore regularly ensure that alternative contact details for employees are up-to-date.
Businesses fined over overlooked 70-year-old
Source: Unsplash/Tingey Injury Law Firm. The general protections provisions of the Fair Work Act 2009 (Cth) are wide-ranging in the sense that they provide protections to, and prohibit adverse action by, persons and entities beyond an employee and an employer. The provisions also relate to conduct by or directed at prospective employees and employers, existing or prospective independent contractors, as well as industrial associations and officers or members of industrial associations.
Fair Work rules against employee in dismissal over flexible hours
Source: Pexels/Adrien Olichon It is not uncommon for employers and employees to agree to flexible working hours, particularly in circumstances where the employee has family or other caring responsibilities. Such arrangements are best recorded in writing, setting out clear expectations of the employee.
FWC orders employee reinstatement after heat-of-the-moment remark
Fair Work Commissioner Iain Ross. Source: AAP/Alan Porritt In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.
FWC orders reinstatement of unfairly dismissed employee
A Sydney Trains train. Source: Unsplash/Luke White. In unfair dismissal matters, reinstatement is the primary remedy and the Fair Work Commission (FWC) may not make an order for compensation unless it is satisfied that reinstatement is inappropriate. When considering whether reinstatement is appropriate, the FWC will have regard to a number of factors.
Employee dismissed over $101.70 in charges to company coffee account
Source: Unsplash/Tyler Nix Financial misconduct committed by an employee can fundamentally damage the trust and confidence in an employment relationship. Unfortunately, financial misconduct is a common issue for Australian businesses and if it is not dealt with promptly and effectively, there is an opportunity for further misadventure. The Fair Work Commission (FWC) considered the gravity of financial misconduct in a recent decision.
Junkee founder Tim Duggan shows us how to achieve cult status
Tim Duggan’s Cult Status is a literary roadmap for prospective entrepreneurs seeking to navigate and make an impact in today’s business climate. Cult Status takes incredibly complex and nuanced concepts and distills them into seven simple and cleverly communicated steps. These seven steps provide guiding principles for all entrepreneurs to create a meaningful “cult status” brand.
How to structure a family business that can last generations
16 minute Read Family businesses are famous for power plays, backstabbing, and dramatic implosions. Yet some are among the most enduring companies in existence. Much of the conflict can be avoided by how the company is structured, with clear communication pathways and transition plans. Plus subscribers can use this piece to understand what the best pathway is for their family business.
Cover your bases with this workplace law checklist
Source: LinkedIn Sales Navigator/Unsplash 2 minute Read Don’t risk any legal exposure, or danger to your employees. Get Plus today to access this workplace law checklist, and stay one step ahead. More for you from PLUS Sign in To connect a sign in method the email must match the one on your SmartCompany Plus account. Or use your email Forgot your password? Want some assistance? Contact us on: or call the hotline: +61 (03) 8623 9900.
FWC upholds dismissal of ANZ banker who accessed private info about a colleague and celebrity
During the course of their employment, employees may have access to confidential information which belongs to their employer. This information may be in the form of personal information provided by customers and is therefore sensitive in nature. While access to customer information may be required by an employee in order to carry out their duties, it is critical that employers have policies in place to protect customer information and ensure that it is not misused or improperly accessed.
‘The rooster and the sunrise’: Court finds 71-year-old was not discriminated against when job offer was withdrawn
Source: Pexels/Sora Shimazaki. Discrimination in the workplace is unlawful under a number of Australian laws, including state and federal anti-discrimination legislation, such as the Age Discrimination Act 2004 as well as the Fair Work Act 2009.
Mechanic's redundancy pay cut after rejecting 'acceptable' redeployment
Source: Unsplash/Mick Orlick. Employers have long known they are obliged to try to find new employment opportunities for employees who are faced with the redundancy of their current role. This might include redeployment within the business or its related companies, or finding employment with a third party.
Employer to pay $28,000 for firing a worker after flawed theft investigation
Source: Unsplash/Troy Mortier. An employee has been awarded compensation after the Fair Work Commission (FWC) found the employer failed to properly investigate allegations of serious misconduct, which resulted in the employee being unfairly dismissed. The employee was employed as a full-time fields services technician by WesTrac Pty Ltd. The employer provided services to coal mines and the employee was based at the Bengalla mine.
Lessons from an unsuccessful unfair dismissal case
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”.
Fair Work rules redundancy was harsh and unreasonable, as admin assistant would have been eligible for JobKeeper
Last month, the Fair Work Commission found a COVID-19-related redundancy to be harsh and unreasonable because the employer failed to meets its consultation obligations under a modern award. Had the employer conducted a proper consultation, the employee would likely have remained employed and become entitled to JobKeeper payments. Background The employee was a part-time administrative assistant in the employer’s financial services firm.
'Playful' supervisor costs business $660,000 after bear hug injury
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.
‘Pandemic leave’, reduced hours and leave at half-pay: What the recent changes to modern awards mean for employers
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. Here are the key changes small and medium businesses need to know about.
Keep these records for your employees, or risk facing a legal claim
No profession loves hard copies of records more than lawyers – but it is often human resources who have the most to do with record-keeping, particularly in relation to retaining employee records. What are the basic records that should be kept for employees? There are records that employers are required to keep in accordance with the Fair Work Act 2009.
Ex-sales manager fined $7,000 after interacting with former employer's customers despite promising not to
A former sales manager has been fined $7,115 and found in contempt of court for breaching undertakings he had given to the Supreme Court of South Australia that he would not contact or accept approaches from customers and contractors of his former employer. Background In early-2018, Maxilift Australia Pty Ltd, a crane sales company, commenced proceedings in the court against a former sales manager who had recently left its business to work for a competitor.
How to sack a worker for racism (according to Fair Work)
It goes without saying that employees should treat each other with respect and courtesy in the workplace. In a recent decision, the Fair Work Commission (FWC) was tasked with considering a claim from a dismissed employee who alleged that remarks he made in the workplace were not offensive and did not justify his dismissal. The employee in this case was a customer save consultant and had been working for his employer for about two years.
Employee ordered to pay thousands in legal costs after dismissal claims found to be "without reasonable cause"
A former employee was ordered to pay his employer’s legal costs of more $12,000 after the Federal Circuit Court of Australia found the employee’s general protections claim was made without reasonable cause. The employee was employed as a fire services technician, and in August 2016, his employment was terminated as the result of redundancy.
Facebook posts prove to be key evidence as Fair Work throws out employee's unfair dismissal bid
Employees active on social media platforms, such as Facebook, fail to consider who might be able to see their personal online posts at any given time. The consequences can be significant — particularly in an employment context. It is becoming increasingly common for employers to review their employees’ social media presence at various stages of the employment relationship, particularly when claims are made against the employer by an employee or former employee.
Family and domestic violence leave: What all Australian businesses need to know about the new entitlements
In March 2018, the Full Bench of the Fair Work Commission determined to introduce an entitlement to five days of unpaid leave for family and domestic violence reasons for all award-covered employees. From 1 August 2018, all modern awards were varied to insert the model term giving effect to this new entitlement. All modern award-covered employees, including casual employees, now have an entitlement to five days of unpaid leave to deal with family and domestic violence.
Employer ordered to pay $20,000 for telling conspiracy theorist to take sick leave
An employee who showed a keen interest in conspiracy theories has been awarded $20,000 in compensation after the NSW Civil and Administrative Tribunal (NCAT) found that her employer unlawfully discriminated against her by directing her to take sick leave amidst concerns about her mental health. The employee was a child protection case worker employed by the Department of Family and Community Services.
Sacked worker wins $10,000 compensation despite using "grossly vulgar" language at work
A small business employer’s “disgraceful and grossly unfair” dismissal process has cost it over $10,000 in compensation, despite the Fair Work Commission finding the dismissed employee had used language “so grossly vulgar” that it would have been sufficient grounds for his summary dismissal. In this case, the Fair Work Commission was required to consider the summary dismissal of a yard hand who had been employed with Steric Solutions Pty Ltd for over 10 years.
Employer ordered to pay $600,000 to former employee after failing to separate worker with violent criminal history prior to physical assault
The Queensland District Court (QDC) has found a specialist butchery business was negligent in failing to separate two co-workers before a physical assault occurred in its workplace, ordering it to pay almost $600,000 in damages to the injured worker. These proceedings concerned a physical assault committed by an employee of the employer (Mr P), against another employee (the worker), on January 20, 2014 while in the workplace.
How should HR respond to bullying complaints?
Managing workplace bullying complaints can often appear to be an overwhelming task for busy HR professionals.
Workplace bullying - common sources of complaints
a requirement for relevant management action to be reasonable is that there must be some line of cause and effect between conduct, behaviour or performance of an employee, and the relevant management action, and that the management action is a reasonable and proportionate response to the attributes of the employee to which it is directed.
Let's talk a-boat gift giving in the workplace - SmartCompany
Workplace gift giving can be a blessing and a curse for employers. On the one hand it brings out the generous, team-oriented qualities in employees, but equally, it can cause animosity between employees — not to mention embarrassment and even anger. The dangers of workplace gift giving and money collection were demonstrated recently when employees of the Tate art galleries in the UK were asked to contribute to a sailing boat for the galleries’ outgoing director, Nicholas Serota.
Can businesses accept an employee’s resignation if it is given in the heat of the moment?
We know people can say or do things they don’t mean when they’re under pressure, feeling stress or are angry. In rare incidences (often in the context of disciplinary meetings), an employee may indicate that they wish to resign, only to later try to withdraw their resignation or claim that they did not really resign. So can a resignation given “in the heat of the moment” be accepted or later be retracted by the employee?
Can businesses accept an employee's resignation if it is given in the heat of the moment? - SmartCompany
We know people can say or do things they don’t mean when they’re under pressure, feeling stress or are angry. In rare incidences (often in the context of disciplinary meetings), an employee may indicate that they wish to resign, only to later try to withdraw their resignation or claim that they did not really resign. So can a resignation given “in the heat of the moment” be accepted or later be retracted by the employee?
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