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A band-aid on Workpac v Skene? - Fair Work Amendment (Casual Loading Offset) Regulations 2018

On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (Workpac v Skene article).The Amendment clarifies that an employer now has a…See More

Sunday

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Jonathan Mamaril posted a blog post

Councils beware of General Protections claims – “slow the process down”

General Protections claims have become a convenient tool for employees working in local councils to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns. Executives and managers in Councils need to be aware of how to protect their organisation against such claims and reduce the risk and liability that may arise from general protections claims.A case which has highlighted the steps Councils should take is the…See More

Jan 9

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Jonathan Mamaril posted a blog post

Foodora Driver was an “Employee” says the Fair Work Commission

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down. Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The Commission found that in the case of Klooger v Foodora (…See More

Jan 7

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Jonathan Mamaril commented on Jonathan Mamaril's blog post When they’re not “the one”: How to prevent, manage and terminate underperforming employees

"Hi Colin Thank you for your comment. There have been a myriad of cases especially in the General Protections arena wherein HR professionals have been sued personally for accessorial liability and the breaches may well be inadvertent or in some cases…"

Apr 20, 2018

Colin Imms commented on Jonathan Mamaril's blog post When they’re not “the one”: How to prevent, manage and terminate underperforming employees

""This last step of talking to a specialised employment lawyer is crucial to avoid an unfair dismissal, or general protections claim and ensure that the employee receives the right notice and final pay." Really? Any HR…"

Apr 20, 2018

A blog post by Jonathan Mamaril was featured

When they’re not “the one”: How to prevent, manage and terminate underperforming employees

Staff underperformance, whether it is due to personal issues, workplace conflict, change fatigue or being actively disengaged, can have significant repercussions on your bottom line, culture and overall performance.As an employer, it can be downright infuriating, not only because of the money wasted but also due to the time you need to invest and the risk you open yourself up to personally if it all goes wrong. How then do you prevent, manage and terminate underperforming employees in a way…See More

Apr 17, 2018

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Jonathan Mamaril posted a blog post

When they’re not “the one”: How to prevent, manage and terminate underperforming employees

Apr 17, 2018

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A blog post by Jonathan Mamaril was featured

The 7 must-have policies to boost staff productivity and accountability

Have you ever wondered how much poor performance and productivity is costing your business? It can be an uncomfortable thought, can’t it?While your team can be your greatest asset, in some instances, they can also be your greatest liability.So how do you turn it around to create a team of consistent high performers? It starts in your workplace policies.What is a policy?But first, you might be wondering, what is a workplace policy? Workplace policies are statements of principles and practices…See More

Mar 8, 2018

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Jonathan Mamaril posted a blog post

The 7 must-have policies to boost staff productivity and accountability

Mar 8, 2018

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A blog post by Jonathan Mamaril was featured

The Gig Economy – “Uber” factors to consider

The gig economy has arguably revolutionised the labour market, allowing short-term contracts or freelance work as opposed to permanent jobs. The gig economy provides a platform for businesses to offer their services to their clients or customers via the engagement of short-term contracts as contractors or consultants. The most famous examples are Uber and Airtasker however business consultants and graphic designers are just as prone to this type of engagement.Care ought to be exercised when…See More

Jan 23, 2018

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Jonathan Mamaril posted a blog post

The Gig Economy – “Uber” factors to consider

Jan 23, 2018

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2 blog posts by Jonathan Mamaril were featured

Jan 18, 2018

Jonathan Mamaril posted a blog post

Professionals must accept the “rough and smooth” of working outside the normal working hours

There has been significant discussion around working outside normal business hours (9:00 am to 5:00 pm) and whether those extra hours should be paid as either overtime or time off in lieu (TOIL).In a decision by Commissioner Mathews in the Western Australian Industrial Relations Commission, the Commissioner made it abundantly clear that employees who work in “professional” roles (such as a certified practicing accountant) need to accept that in the real world there is the “rough and smooth” in…See More

Jan 18, 2018

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Why you can’t afford to take your "eye off the ball" when it comes to old contracts

Jan 12, 2018

Jonathan Mamaril posted a blog post

Why you can’t afford to take your "eye off the ball" when it comes to old contracts

Employers may be exposing themselves to unnecessary risk due to old employment contracts that have not been updated to reflect their current policies.A recent decision in the Brisbane District Court has seen former Wallabies coach John Connolly awarded a sum of $150,000 (excluding costs and interest) as a result of his former employer, Queensland Rugby Union, terminating his employment.The termination occurred under the mistaken belief that an oral contract entered into between the two parties…See More

Jan 9, 2018

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A blog post by Jonathan Mamaril was featured

‘Tis the season to be jolly sensible

The office Christmas party can be a great place to unwind, celebrate your wins and socialise with your staff and work colleagues. But unwind a little too much, or fail to act on employee’s complaints about inappropriate behaviour towards them, and your business, culture and potentially bottom line can take a big hit.Every January and February there is a rise in policy changes, health and safety audits, investigations, disciplinary action, and subsequent dismissals as a result of sexual…See More

Nov 30, 2017

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Profile Information

What would you like to share about yourself?: Jonathan advises clients on all aspects of Employment Law, including enterprise agreements, collective bargaining and interpretation of Modern Awards. He has represented clients in unfair dismissal, general protections and discrimination matters—from the conciliation conference stage, through to arbitration in the Fair Work Commission.

Jonathan also navigates his clients through complex Workplace Health and Safety legislation, providing them with practical solutions and workplace policies to ensure they abide by their various statutory Employment Law obligations. He has a wealth of experience in advising on restructures, redundancies and performance management, as well as extensive knowledge in matters involving restraint of trade, drafting and reviewing employment contracts and advising on contractor arrangements. Jonathan is particularly interested in Employment Law issues that concern decision makers and human resource practitioners, and he prides himself on providing practical legal advice that aligns with the strategic objectives of his clients.

Before joining NB Lawyers, Jonathan worked for a Trade Union as an Industrial Officer, where he gained experience advising union members on termination of employment and workplace bullying issues. He also worked at a mid-tier Brisbane-based law firm, where he advised several small- to medium-sized businesses and not-for-profit organisations in all aspects of Employment Law.

Company website/blog: http://www.lawyersforemployers.com.au/

How many employees in your company?: 1-49

What areas of HR are you particularly passionate about?: Employment Law, Enterprise Agreements, Workplace Bullying, Employment Contracts, Contractor Agreements, Discrimination, Unfair Dismissal, General Protections and Restraint of Trade

What kind of networking are you open to?: Open networking, Referrals between friends, Very targeted/niche, Invitation only

Jonathan Mamaril's Blog

A band-aid on Workpac v Skene? - Fair Work Amendment (Casual Loading Offset) Regulations 2018

Posted on January 14, 2019 at 7:30 0 Comments 0 Likes

On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (…

Continue

Councils beware of General Protections claims – “slow the process down”

Posted on January 9, 2019 at 7:00 0 Comments 0 Likes

A case which has highlighted the steps Councils should…

Continue

Foodora Driver was an “Employee” says the Fair Work Commission

Posted on January 7, 2019 at 7:00 0 Comments 0 Likes

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down. Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test.

The Commission found that in the case of Klooger v Foodora (…

Continue

When they’re not “the one”: How to prevent, manage and terminate underperforming employees

Posted on April 17, 2018 at 8:00 2 Comments 0 Likes

As an employer, it can be downright infuriating, not only because of the money wasted but also due to the time you need to invest and the risk you open yourself up to personally if it all goes wrong. How then do you prevent, manage and terminate…

Continue