Jonathan Mamaril
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  • Queensland
  • Australia
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Jonathan Mamaril posted a blog post

Getting A Second Job During COVID-19 – 3 Lessons For Employers

https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2020/12/2nd-job-300x200.jpg 300w" sizes="(max-width: 640px) 100vw, 640px" />Is your employee getting a second job?Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission.In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been full-time have been varied to part-time,…See More
5 hours ago
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A blog post by Jonathan Mamaril was featured

Three (3) Insights From HR And Business Owners From The Pandemic

Here are some insights from our clients from the pandemicAs Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.Discussing these points with many in human resources, personnel management and business owners there are some constant themes which have been aired.  Providing…See More
Nov 26
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Jonathan Mamaril posted a blog post

Three (3) Insights From HR And Business Owners From The Pandemic

Here are some insights from our clients from the pandemicAs Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.Discussing these points with many in human resources, personnel management and business owners there are some constant themes which have been aired.  Providing…See More
Nov 19
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2 blog posts by Jonathan Mamaril were featured
Nov 12
Jonathan Mamaril posted blog posts
Nov 11
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
Oct 22
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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
Oct 20
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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
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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
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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
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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
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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
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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
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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
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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
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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

Getting A Second Job During COVID-19 – 3 Lessons For Employers

Posted on December 3, 2020 at 15:16 0 Comments

https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2020/12/2nd-job-300x200.jpg 300w" sizes="(max-width: 640px) 100vw, 640px" />

Is your employee getting a second job?



Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission.

In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been…

Continue

Three (3) Insights From HR And Business Owners From The Pandemic

Posted on November 19, 2020 at 13:30 0 Comments



Here are some insights from our clients from the pandemic

As Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.

Discussing these points with many in human resources, personnel management and business owners there are some constant themes…

Continue

When Is A Resignation Really A Resignation – Our Top 3 Tips For Employers

Posted on November 11, 2020 at 10:30 0 Comments



resigning in the heat of the moment – how should employers and councils act?

We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially cleared his work desk.

We have recently…

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Planning A Work Christmas Party? Read This Article

Posted on November 10, 2020 at 18:00 0 Comments



Planning a work Xmas party? read on…..

The Fair Work Commission’s recent decision in Chambers v Toll Transport Pty Ltd[1] (the Decision) is a useful reminder for employers that not all ‘out of work hours’ misconduct by employees may give rise to a valid reason for dismissal especially in…

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