Jonathan Mamaril
  • Male
  • Queensland
  • Australia
Share
 

Jonathan Mamaril's Page

Latest Activity

A blog post by Jonathan Mamaril was featured

The Pink Folder - Senior Employees and their duties of trust and confidence (3 Tips for Employers)

Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of internal operations or their ability to exercise or influence decision-making powers on behalf of their employer.We have recently reviewed a decision…See More
Thursday
Jonathan Mamaril posted a blog post

The Pink Folder - Senior Employees and their duties of trust and confidence (3 Tips for Employers)

Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of internal operations or their ability to exercise or influence decision-making powers on behalf of their employer.We have recently reviewed a decision…See More
Tuesday
A blog post by Jonathan Mamaril was featured

Top 3 Tips – Employers Can Avoid A $1.34 Million Underpayment Claim

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:Annual leave loadingPeriods of annual leavePersonal/carers leave (sick leave)Compassionate leavePublic holiday leaveThis was even though in the context of the Modern Award the employees were paid well above any wage obligations under the…See More
Oct 15
Jonathan Mamaril posted a blog post

Top 3 Tips – Employers Can Avoid A $1.34 Million Underpayment Claim

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:Annual leave loadingPeriods of annual leavePersonal/carers leave (sick leave)Compassionate leavePublic holiday leaveThis was even though in the context of the Modern Award the employees were paid well above any wage obligations under the…See More
Oct 15
A blog post by Jonathan Mamaril was featured

Redundancy In A Business Sale – What Employers Need To Know

Redundancy In A Business Sale – What Employers Need To KnowRedundancy in business sales can be tricky – the Gravenell Case shows us “what not to do” Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.A recent case before the Fair Work Commission of …See More
Sep 23
Jonathan Mamaril posted a blog post

Redundancy In A Business Sale – What Employers Need To Know

Redundancy In A Business Sale – What Employers Need To KnowRedundancy in business sales can be tricky – the Gravenell Case shows us “what not to do” Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.A recent case before the Fair Work Commission of …See More
Sep 21
A blog post by Jonathan Mamaril was featured

Modern Award Changes Will Increase Costs, Risk And Exposure

More modern award changes are here….. As part of the Modern Award Review there were changes made to some awards from 1 July 2020.   These changes may have the effect of increasing exposure to business risk and costs associated with engaging employees covered under the following Awards:Miscellaneous AwardSome changes have included:The clarification of which employees are covered by this award.  If an employer is covered by an industry award, but there is no classification in that award for the…See More
Sep 16
Jonathan Mamaril posted a blog post

Modern Award Changes Will Increase Costs, Risk And Exposure

More modern award changes are here….. As part of the Modern Award Review there were changes made to some awards from 1 July 2020.   These changes may have the effect of increasing exposure to business risk and costs associated with engaging employees covered under the following Awards:Miscellaneous AwardSome changes have included:The clarification of which employees are covered by this award.  If an employer is covered by an industry award, but there is no classification in that award for the…See More
Sep 11
A blog post by Jonathan Mamaril was featured

General Protections Complaint – Huge Future Economic Loss $Pay-Out Due To COVID-19

$664,601.38 payout!A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment.TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of over $650,000 due to breaches of the general protection provisions of the Fair Work Act 2009 (FW Act) and for failing its obligations…See More
Sep 4
Jonathan Mamaril updated their profile
Sep 4
Jonathan Mamaril posted a blog post

General Protections Complaint – Huge Future Economic Loss $Pay-Out Due To COVID-19

$664,601.38 payout!A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment.TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of over $650,000 due to breaches of the general protection provisions of the Fair Work Act 2009 (FW Act) and for failing its obligations…See More
Sep 4
A blog post by Jonathan Mamaril was featured

Ensuring Redundancies Are ‘Genuine Redundancies’

When an employee alleges their termination of employment was harsh, unjust or unreasonable in an unfair dismissal application, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters [1] including whether the employee…See More
Jul 23
Jonathan Mamaril posted a blog post

Ensuring Redundancies Are ‘Genuine Redundancies’

When an employee alleges their termination of employment was harsh, unjust or unreasonable in an unfair dismissal application, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters [1] including whether the employee…See More
Jul 21
A blog post by Jonathan Mamaril was featured

Dual-Faceted Employee And Contractor Relationships

The Fair Work Commission (FWC) was recently invited to consider a jurisdictional objection in a matter[1] involving a personal trainer who used the premises of a gym to conduct his own personal training business pursuant to a written Personal…See More
Jun 29
Jonathan Mamaril posted a blog post

Dual-Faceted Employee And Contractor Relationships

The Fair Work Commission (FWC) was recently invited to consider a jurisdictional objection in a matter[1] involving a personal trainer who used the premises of a gym to conduct his own personal training business pursuant to a written Personal…See More
Jun 26
A blog post by Jonathan Mamaril was featured

General Protections Applications – How To Successfully Defend A Claim From A “Probationary Period” Employee

General Protections Applications – When an employee who has been working just a few weeks for a business doesn’t work out – they may get disgruntled.  They may be simply poor performers, have a bad attitude or simply are not a good fit.  A probationary period was built for this very reason to give an Employer options to terminate the employment of an employee if it becomes apparent they won’t work out.But – – What if an employee during this short period of time also made complaints about other…See More
Apr 22

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

The Pink Folder - Senior Employees and their duties of trust and confidence (3 Tips for Employers)

Posted on October 20, 2020 at 16:49 0 Comments

This image has an empty alt attribute; its file name is pink-folder-4.jpg


Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common…

Continue

Top 3 Tips – Employers Can Avoid A $1.34 Million Underpayment Claim

Posted on October 15, 2020 at 14:00 0 Comments

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:

  • Annual leave loading
  • Periods of annual leave
  • Personal/carers leave (sick leave)
  • Compassionate leave
  • Public holiday leave

This was even…

Continue

Redundancy In A Business Sale – What Employers Need To Know

Posted on September 21, 2020 at 14:30 0 Comments

Redundancy In A Business Sale – What Employers Need To Know

Redundancy in business sales can be tricky – the Gravenell Case shows us “what not to do”

Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.

A recent case…

Continue

Modern Award Changes Will Increase Costs, Risk And Exposure

Posted on September 11, 2020 at 11:30 0 Comments

More modern award changes are here…..

As part of the Modern Award Review there were changes made to some awards from 1 July 2020.   These changes may have the effect of increasing exposure to business risk and costs associated with engaging employees covered under the following Awards:

Miscellaneous Award

Some changes have included:

  • The clarification of which employees are covered by this…
Continue

Comment Wall

  • No comments yet!

You need to be a member of HR Daily Community to add comments!

Join HR Daily Community

 
 
 

© 2020   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service