Jonathan Mamaril
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  • Queensland
  • Australia
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Jonathan Mamaril's Page

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A blog post by Jonathan Mamaril was featured

Can an employee who resigned bring an action for unfair dismissal? 3 tips employers need to know about resignations during performance management

While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act). In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021] FWC 5063) Greater Bank Limited (Employer) defended an unfair dismissal claim…See More
Sep 29
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Jonathan Mamaril posted a blog post

Can an employee who resigned bring an action for unfair dismissal? 3 tips employers need to know about resignations during performance management

While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act). In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021] FWC 5063) Greater Bank Limited (Employer) defended an unfair dismissal claim…See More
Sep 28
0 Comments
2 blog posts by Jonathan Mamaril were featured
Aug 25
Jonathan Mamaril posted blog posts
Aug 25
A blog post by Jonathan Mamaril was featured

SPC process their way to mandate COVID-19 vaccination for all staff and visitors (8 challenges for employers to consider)

Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors.We have already provided guidance and viewpoints on this particular topic in the articles…See More
Aug 11
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Jonathan Mamaril posted blog posts
Aug 5
2 blog posts by Jonathan Mamaril were featured
Aug 5
Jonathan Mamaril posted a blog post

How to make a modern award? Menulog attempts to formalise the gig economy industry – 3 steps to consider for emerging industries and employers

Food delivery business Menulog has recently commenced an application[1] in the Fair Work Commission (the Commission) to make a modern award specifically for the ‘on demand…See More
Aug 4
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A blog post by Jonathan Mamaril was featured

NDIS support providers - Overlap risks in being both an NDIS support provider and an employer (3 need to knows)

Many National Disability Insurance Scheme (NDIS) support providers do not realise the risk involved in navigating the disability support industry and its underpinning framework. This is particularly relevant as NDIS support providers are often also employers.   The NDIS is a government-run program designed to assist people with disabilities. Recently, NB Lawyers – Lawyers…See More
Jul 29
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Jonathan Mamaril posted blog posts
Jul 29
A blog post by Jonathan Mamaril was featured

5 key risks all advisors need to know about termination of employment

5 Key Risks All Advisors Need To Know About Termination Of EmploymentA number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about termination of employment.  In particular, what are some of the issues…See More
Jul 28
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A blog post by Jonathan Mamaril was featured

15 text messages and 9 phone calls (amongst other things) to a council HR manager found to be excessive and intimidating – 2 learnings for dealing with intimidating employees

A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager.  In the decision of Stamoglou v Banyule City Council [2020] FWC 4722 (15 September 2020) (Banyule…See More
Jul 8
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Jonathan Mamaril posted a blog post

15 text messages and 9 phone calls (amongst other things) to a council HR manager found to be excessive and intimidating – 2 learnings for dealing with intimidating employees

A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager.  In the decision of Stamoglou v Banyule City Council [2020] FWC 4722 (15 September 2020) (Banyule…See More
Jul 6
0 Comments
A blog post by Jonathan Mamaril was featured

What is reasonable management action? It does not need to be perfect

The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…See More
Jun 17
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Jonathan Mamaril posted a blog post

What is reasonable management action? It does not need to be perfect

The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…See More
Jun 15
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A blog post by Jonathan Mamaril was featured

COVID-19 policy can protect an employer from an unfair dismissal claim – 2 burning questions to answer

The COVID-19 pandemic has led to a number of changes in the workplace and as a result, the Fair Work Commission has seen a major spike in unfair dismissal and general protections claims.  Minimising health and safety risks through policy development around exposure to COVID-19 is near the top of many lists for human resources, in particular in the Health and NDIS related…See More
May 13
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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

Can an employee who resigned bring an action for unfair dismissal? 3 tips employers need to know about resignations during performance management

Posted on September 28, 2021 at 8:00 0 Comments

While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act). 

In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021]…

Continue

Qantas decide to mandate COVID-19 vaccine for all staff

Posted on August 25, 2021 at 8:00 0 Comments

Following on from the introduction of a Compulsory Vaccine Policy introduced by SPC and the updated guidance from the …

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Fair Work Ombudsman change their tune regarding COVID-19 vaccines (a new 4 tier system)

Posted on August 24, 2021 at 12:30 0 Comments



The Fair Work Ombudsman have now released new guidance to allow Employers in certain circumstances to make compulsory and mandatory COVID-19 vaccine policies.

This is a major backflip from the previous guidance but aligns with what I and NB Lawyers…

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SPC process their way to mandate COVID-19 vaccination for all staff and visitors (8 challenges for employers to consider)

Posted on August 5, 2021 at 15:00 0 Comments

Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors.

We have already provided guidance and viewpoints on this particular topic in the articles…

Continue

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