Jonathan Mamaril's Blog (68)

Can an employee insist on work from home arrangements? The Queensland case which solves the work from home conundrum

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…

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Added by Jonathan Mamaril on May 4, 2022 at 8:00 — No Comments

Drunk and intoxicated employee – How far does vicarious liability go to hold an employer accountable (5 reasons to be concerned)

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…

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Added by Jonathan Mamaril on April 11, 2022 at 10:00 — No Comments

Adverse action, long term illness and disability – 4 important points to consider in the case of Western Union v Robinson

The leading case of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC (Western Union Case) gives Human Resources teams a decision to rely upon when to comes to issues around:

  • Disability
  • Long term…
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Added by Jonathan Mamaril on March 4, 2022 at 12:30 — No Comments

Performance improvement plan is not workplace bullying says Fair Work Commission – 3 reasons why

The issue of workplace bullying has become a prevalent situation in workplaces of late especially those dealing with:

  • Under resourced workforces
  • Hard to manage or underperforming staff
  • Lack of…
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Added by Jonathan Mamaril on February 7, 2022 at 16:00 — No Comments

Your employee just resigned – now what? 6 legal issues for employers and HR to consider



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…

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Added by Jonathan Mamaril on January 19, 2022 at 10:30 — No Comments

4 of today’s major human resources challenges for employers

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…

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Added by Jonathan Mamaril on December 23, 2021 at 13:00 — No Comments

Council says serious safety breach warrants termination: 2 garbage collectors pay a hefty price (3 lessons for councils)

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.

In Hamlin v City of…

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Added by Jonathan Mamaril on November 24, 2021 at 8:00 — No Comments

Performance management – 3 tips for all people managers and HR



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 …

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Added by Jonathan Mamaril on November 22, 2021 at 16:00 — No Comments

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

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