Jonathan Mamaril's Blog (20)

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…

Continue

Added by Jonathan Mamaril on June 26, 2020 at 14:30 — No Comments

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…

Continue

Added by Jonathan Mamaril on April 22, 2020 at 11:42 — No Comments

Costs For The Coast – How Commercial Decisions Can Assist Employers In Obtaining Costs Orders

NB Lawyers – lawyers for employers recently acted for the Fraser Coast Regional Council (the Council) and successfully obtained a costs order following an unsuccessful application for reinstatement filed by a former employee.…

Continue

Added by Jonathan Mamaril on February 20, 2020 at 14:00 — No Comments

How Employers Can Learn From 5,700 Employees Underpaid By Woolworths – Top 4 Tips For Employers

Woolworths, Lush and Qantas were some of the big names in the spotlight recently due to underpayment of wages claims. Previously we discussed the wide ranging underpayment of wages issues a former Masterchef judge and bubble tea drink company had to deal with.  The top tip for Employers in that article was to…

Continue

Added by Jonathan Mamaril on January 17, 2020 at 11:30 — No Comments

“We Have Never Had An Issue Before” – How Masterchef And Chatime Have Showed The Perils Of Underpayment Of Wages

Underpayment of wages – “We have never had an issue before, so there is no need to worry about it” this is a standard line used by many employers and clients of NB Lawyers – lawyers for employers.  It is very easy of course to ask for advice as a reaction to being sued by a former employee, investigated by the Fair Work Ombudsman or receiving a letter of demand.  It is harder to take on preventive action advice when there…

Continue

Added by Jonathan Mamaril on August 15, 2019 at 14:48 — No Comments

Modern Slavery Legislation – Employers What Do You Need To Know?

The Modern Slavery Act (2018) came to pass on 1 January 2019, and for companies with a consolidated revenue of more than $100 million, it establishes mandatory reporting criteria. The first reports are due in February 2020 and information required will include:

  • Their structure, operations and supply chains;
  • Potential modern slavery risks;
  • Actions taken to assess and address these risks; and
  • How they assess the effectiveness of these…
Continue

Added by Jonathan Mamaril on July 9, 2019 at 11:30 — No Comments

False Allegations – Further Trend Of “Upward” Bullying

We have been contacted by several clients in recent months wherein executives, directors, business owners and HR managers attempting to performance manage an employee over a medium to long period of time have had false allegations of bullying directed towards them. Linking such “bullying” action with mental health issues or using it as an angle for a General protections claim, something we have covered in a previous article “The Rise Of Upward Bullying: How Employers Can Protect Themselves From… Continue

Added by Jonathan Mamaril on May 28, 2019 at 16:51 — No Comments

Whistleblower Laws Come Into Effect On 1 July 2019 – Are You Ready?

Does your business have more than 100 employees?

OR

Is your revenue in excess of $50 million?

OR

Do you have gross assets worth more than $25 million?



If so, a potentially dangerous regulation is coming on 1 July 2019. They are the new whistleblower laws.



The new whistleblower laws are a commonwealth amendment (Treasury Laws Amendment [Enhancing Whistleblower Protections] Act 2019). These new laws are designed to expand whistleblower protection and…

Continue

Added by Jonathan Mamaril on May 28, 2019 at 16:30 — No Comments

A band-aid on Workpac v Skene? - Fair Work Amendment (Casual Loading Offset) Regulations 2018

On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (…

Continue

Added by Jonathan Mamaril on January 14, 2019 at 7:30 — No Comments

Councils beware of General Protections claims – “slow the process down”

General Protections claims have become a convenient tool for employees working in local councils to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns. Executives and managers in Councils need to be aware of how to protect their organisation against such claims and reduce the risk and liability that may arise from general protections claims.

A case which has highlighted the steps Councils should…

Continue

Added by Jonathan Mamaril on January 9, 2019 at 7:00 — No Comments

Foodora Driver was an “Employee” says the Fair Work Commission

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down. Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. 

The Commission found that in the case of Klooger v Foodora (…

Continue

Added by Jonathan Mamaril on January 7, 2019 at 7:00 — No Comments

When they’re not “the one”: How to prevent, manage and terminate underperforming employees

Staff underperformance, whether it is due to personal issues, workplace conflict, change fatigue or being actively disengaged, can have significant repercussions on your bottom line, culture and overall performance.

As an employer, it can be downright infuriating, not only because of the money wasted but also due to the time you need to invest and the risk you open yourself up to personally if it all goes wrong. How then do you prevent, manage and terminate…

Continue

Added by Jonathan Mamaril on April 17, 2018 at 8:00 — 2 Comments

The 7 must-have policies to boost staff productivity and accountability

Have you ever wondered how much poor performance and productivity is costing your business? It can be an uncomfortable thought, can’t it?

While your team can be your greatest asset, in some instances, they can also be your greatest liability.

So how do you turn it around to create a team of consistent high performers? It starts in your workplace policies.

What is a policy?

But first, you might be wondering, what is a…

Continue

Added by Jonathan Mamaril on March 8, 2018 at 9:39 — No Comments

The Gig Economy – “Uber” factors to consider

The gig economy has arguably revolutionised the labour market, allowing short-term contracts or freelance work as opposed to permanent jobs. 

The gig economy provides a platform for businesses to offer their services to their clients or customers via the engagement of short-term contracts as contractors or consultants.  The most famous examples are Uber and Airtasker however business consultants and graphic designers are just as prone to this type of engagement.

Care ought to…

Continue

Added by Jonathan Mamaril on January 23, 2018 at 7:30 — No Comments

Professionals must accept the “rough and smooth” of working outside the normal working hours

There has been significant discussion around working outside normal business hours (9:00 am to 5:00 pm) and whether those extra hours should be paid as either overtime or time off in lieu (TOIL).

In a decision by Commissioner Mathews in the Western Australian Industrial Relations Commission, the Commissioner made it abundantly clear that employees who work in “professional” roles (such as a certified practicing accountant) need to accept that in the real world…

Continue

Added by Jonathan Mamaril on January 18, 2018 at 7:30 — No Comments

Why you can’t afford to take your "eye off the ball" when it comes to old contracts

Employers may be exposing themselves to unnecessary risk due to old employment contracts that have not been updated to reflect their current policies.

A recent decision in the Brisbane District Court has seen former Wallabies coach John Connolly awarded a sum of $150,000 (excluding costs and interest) as a result of his former employer, Queensland Rugby Union, terminating his employment.

The termination occurred under the…

Continue

Added by Jonathan Mamaril on January 9, 2018 at 11:00 — No Comments

‘Tis the season to be jolly sensible

The office Christmas party can be a great place to unwind, celebrate your wins and socialise with your staff and work colleagues. But unwind a little too much, or fail to act on employee’s complaints about inappropriate behaviour towards them, and your business, culture and potentially bottom line can take a big hit.

Every January and February there is a rise in policy changes, health and safety audits, investigations, disciplinary action, and subsequent dismissals as a result of…

Continue

Added by Jonathan Mamaril on November 29, 2017 at 15:16 — No Comments

Baby plans, pregnancy and the workplace – do employers have a right to know?

It is a question that has been up for public debate since Jacinda Ardern, the recently elected Labour Party leader in New Zealand, had to deal with controversy hours into her new job after radio show announcer Mark Richardson said New Zealanders had a right to know whether there was a possibility their potential prime minister might take maternity leave.

While on air Mr Richardson said, “If you are the employer of a company you need to know that type of thing from the woman you…

Continue

Added by Jonathan Mamaril on September 7, 2017 at 12:32 — No Comments

Why more employees are filing General Protections claims

Over the last six months we have seen a significant rise in General Protections claims made against employers, with business owners and managers needing to defend themselves and their company against claims of sham arrangements, adverse action and discrimination. Many of these claims are being made even while employees are involved in a show cause or performance management process.

To help you protect your employment brand and mitigate risk and liability, here is what you need to know…

Continue

Added by Jonathan Mamaril on May 25, 2017 at 21:02 — No Comments

Could your employee’s redundancy be made legally redundant?

With change becoming the new constant in business, owners and managers can face the difficult decision of making staff redundant to ensure their survival. 

But how do you make sure you do it in an ethical, strategic and legal way that won’t make your redundancies redundant? Here is a step-by-step guide to doing it the right way.

Base redundancies on position not person

A genuine redundancy is when you no longer need an…

Continue

Added by Jonathan Mamaril on February 14, 2017 at 10:52 — No Comments

© 2020   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service