The lockdown situations all over Australia created a number of scenarios where employees were able to remain at home and undertake work. Some of these arrangements led to an increase in productivity and for other organisations and industries there has been an eventual decline in productivity.
With the question around WFH coming up for…Continue
Added by Jonathan Mamaril on May 4, 2022 at 8:00 — No Comments
Vicarious liability (responsibility of an employer for an employee’s actions) has been a concept many employers grapple with on a far too regular basis. A situation involving a drunken employee urinating on a colleague’s face begged the question of employer responsibility.
The ever-changing principles of this concept have employers concerned…Continue
Added by Jonathan Mamaril on April 11, 2022 at 10:00 — No Comments
The leading case of Western Union Business Solutions (Australia) Pty Ltd v Robinson  FCAFC (Western Union Case) gives Human Resources teams a decision to rely upon when to comes to issues around:
Added by Jonathan Mamaril on March 4, 2022 at 12:30 — No Comments
The issue of workplace bullying has become a prevalent situation in workplaces of late especially those dealing with:
Added by Jonathan Mamaril on February 7, 2022 at 16:00 — No Comments
While many employees return to the office energized and refreshed for the new year, there is a minority where the new year break has crystalised or increased their dissatisfaction with their current roles.
It is not uncommon for frontline…Continue
Added by Jonathan Mamaril on January 19, 2022 at 10:30 — No Comments
As we head into another new year the effects of COVID-19 on the workplace and in particular employment law has been widely felt. Even for those industries and companies who are seeing growth opportunities now, the initial impact had many in precarious and uncertain positions. The team at NB Lawyers – lawyers for employers assisted a number…Continue
Added by Jonathan Mamaril on December 23, 2021 at 13:00 — No Comments
A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement. The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries.Continue
Added by Jonathan Mamaril on November 24, 2021 at 8:00 — No Comments
Performance Management is coming into sharp focus for a number of organisations
As we start to come “back into the office”, understand the practical and financial impact of pandemic, COVID-19 and vaccinations and begin either a restart of business progress or a continuation of growth the issue of people and performance management has become ever more increasingly important.
A number of organisations have been in contact with …Continue
Added by Jonathan Mamaril on November 22, 2021 at 16:00 — No 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 …Continue
Added by Jonathan Mamaril on September 28, 2021 at 8:00 — No Comments
Following on from the introduction of a Compulsory Vaccine Policy introduced by SPC and the updated guidance from the …Continue
Added by Jonathan Mamaril on August 25, 2021 at 8:00 — No 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…Continue
Added by Jonathan Mamaril on August 24, 2021 at 12:30 — No 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
Added by Jonathan Mamaril on August 5, 2021 at 15:00 — No Comments
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…Continue
Added by Jonathan Mamaril on August 5, 2021 at 8:00 — No Comments
Food delivery business Menulog has recently commenced an application in the Fair Work Commission (the Commission) to make…Continue
Added by Jonathan Mamaril on August 4, 2021 at 8:00 — No Comments
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.…Continue
Added by Jonathan Mamaril on July 29, 2021 at 7:30 — No Comments
A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about…Continue
Added by Jonathan Mamaril on July 28, 2021 at 8:00 — No Comments
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  FWC 4722 (15…Continue
Added by Jonathan Mamaril on July 6, 2021 at 8:00 — No Comments
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…Continue
Added by Jonathan Mamaril on June 15, 2021 at 10:30 — No Comments
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…Continue
Added by Jonathan Mamaril on May 11, 2021 at 8:00 — No Comments
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:…Continue
Added by Jonathan Mamaril on May 4, 2021 at 8:00 — No Comments