Jonathan Mamaril's Blog (60)

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]…

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Added by Jonathan Mamaril on September 28, 2021 at 8:00 — No Comments

Qantas decide to mandate COVID-19 vaccine for all staff

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

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Added by Jonathan Mamaril on August 25, 2021 at 8:00 — No Comments

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



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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Added by Jonathan Mamaril on August 24, 2021 at 12:30 — No Comments

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…

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Added by Jonathan Mamaril on August 5, 2021 at 15:00 — No Comments

How to get your business “Olympic ready” for the Brisbane 2032 Olympic Games? (6 employment law obligations you need to be aware of)

A big announcement was made recently as Brisbane, Queensland, Australia was awarded the right to host the Olympic Games in 2032.  This is an amazing result – with the thoughts of the tourism that it will attract and the world’s best athletes frequenting places like the “Gabba”. 

What gets missed out in the conversation is the more than decade…

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Added by Jonathan Mamaril on August 5, 2021 at 8:00 — No Comments

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…

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Added by Jonathan Mamaril on August 4, 2021 at 8:00 — No Comments

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.…

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Added by Jonathan Mamaril on July 29, 2021 at 7:30 — No Comments

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

5 Key Risks All Advisors Need To Know About Termination Of Employment

A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about…

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Added by Jonathan Mamaril on July 28, 2021 at 8:00 — No Comments

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…

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Added by Jonathan Mamaril on July 6, 2021 at 8:00 — No Comments

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…

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Added by Jonathan Mamaril on June 15, 2021 at 10:30 — No Comments

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…

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Added by Jonathan Mamaril on May 11, 2021 at 8:00 — No Comments

Employer lawyers 4 tips to deal with a general protections claim

A general protections claim is one application an Employer does not want to receive.  Ask any employer lawyer, human resources manager or employee relations specialist and when it comes to employment law – a general protections claim are difficult to traverse.  In previous articles we have wrote about:…

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Added by Jonathan Mamaril on May 4, 2021 at 8:00 — No Comments

Personal liability of directors: 4 underpayment of wages cases

As directors, business owners and those with key decision making responsibilities the management of staff comes with several difficult issues involving personal liability of directors.  Underpayment of wages is one major factor and a number of clients have sought advice from NB Lawyers – lawyers for…

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Added by Jonathan Mamaril on May 3, 2021 at 9:00 — No Comments

A change in casual employment post-COVID-19: 3 major changes all employers need to know

Casual Employment has been a flexible and commercial way to utilise a workforce in particular in industries where there is project work or there are natural ebbs and flows. The recent WorkPac cases of …

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Added by Jonathan Mamaril on April 20, 2021 at 11:30 — No Comments

Does serious misconduct still require a reasonable opportunity to respond before termination of employment? 2 prime ways to mitigate risk and liability

A question asked many times by clients is when a scenario involving serious misconduct is put to us – can we now terminate their (the employee’s) employment?  Our response (with some adjustment) is usually – “of course you can – you are the Employer, however the key question really is – what would happen if you had to explain your actions to a Judge…

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Added by Jonathan Mamaril on April 15, 2021 at 8:00 — No Comments

Sexual harassment changes coming in the workplace – 4 changes indicated by the Respect@Work report

Scott Morrison and the Federal Government have announced a clear initiative to (in principle) accept a significant amount of the 55 recommendations around sexual harassment. There are some overarching themes with the changes and what has been pushed is a more clear path and more distinctive grounds for employees to file sexual harassment complaints,…

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Added by Jonathan Mamaril on April 12, 2021 at 10:30 — No Comments

Redundancy: 3 pitfalls for HR to avoid a (almost) $300K claim – the story of pizza, beer and Toyota

The District Court of NSW has made a decision on a case involving a termination of employment mere days before a significant redundancy payment was owed to a long standing employee (20 years). Ultimately the Court found in favour of the employee awarding almost $300,000.00 in damages.

The case of…

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Added by Jonathan Mamaril on April 8, 2021 at 8:00 — No Comments

Upward bullying: The rise of the remote working “bully” - 5 tips all employers need to know

The pandemic has led to a number of changes in the workplace – words such as workplace flexibility, working from home, remote working, Zoom, Teams, virtual meeting are now common lexicon of the modern workplace.  A number of…

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Added by Jonathan Mamaril on April 1, 2021 at 8:00 — 1 Comment

When you get it wrong, 3 mistakes an employer made leading to a general protections order of $85K

There are a number of well documented workplace problems continuing to persist as we…

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Added by Jonathan Mamaril on March 31, 2021 at 8:00 — No Comments

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