Jonathan Mamaril's Blog (51)

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…

Continue

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…

Continue

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:…

Continue

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…

Continue

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 …

Continue

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…

Continue

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,…

Continue

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…

Continue

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…

Continue

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…

Continue

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

Celebrity searches and confidential information – 2 tips to deal with misuse of client information

Access to confidential information is part and parcel of work for many employees especially those working in finance, professional services and technology based businesses.  The ANZ Bank recently dealt with a case where an employee filed an unfair dismissal claim after she was dismissed for:

  • Undertaking an unauthorised celebrity search on…
Continue

Added by Jonathan Mamaril on March 18, 2021 at 8:00 — No Comments

Zombie companies: “Cut the fat not the muscle” - 6 post JobKeeper tips for employers

As we head towards the end of JobKeeper and the proverbial cliff for some companies – the term “Zombie Companies” spring to mind.  What are “Zombie Companies” – those who are heavily reliant on the JobKeeper payments to pay for operational costs of the business but once the subsidies run dry will have difficulty running the business.

Those…

Continue

Added by Jonathan Mamaril on February 26, 2021 at 8:00 — No Comments

Long needed IR changes lose the BOOT and 4 that are still in – Update for HR and employers

We recently discussed the Government’s IR proposed changes in the article Loosening The BOOT Straps And 9 Other Industrial Relations Changes. There has finally been some movement in this regard with discussions with the…

Continue

Added by Jonathan Mamaril on February 18, 2021 at 8:00 — No Comments

COVID-19 vaccinations are coming – what now? 5 questions for Australian employers to consider

A number of Employers now must consider the COVID-19 vaccination.  In a previous article “Can Australian Employers force an Employee to get…

Continue

Added by Jonathan Mamaril on February 15, 2021 at 1:00 — No Comments

What should employers do with “side-hustle” employees? 4 ways to defend the business

The phenomenon of employees taking on “side hustle” projects or secondary projects is nothing necessarily new.  The increase in secondary employment and multiple/diversified income streams has also been given a boost with the onset of COVID-19.

A number of Employers have taken to terminating the employment of employees due to secondary…

Continue

Added by Jonathan Mamaril on February 1, 2021 at 12:00 — No Comments

WFH (Work from Home) what powers do HR and employers have really? 3 answers you need to know





COVID-19, lockdown, face masks, illness, border closures and work from home (WFH)…

Continue

Added by Jonathan Mamaril on January 28, 2021 at 15:30 — No Comments

Can Australian Employers force an employee to get vaccinated? 3 Considerations from an Employment Lawyer

This image has an empty alt attribute; its file name is COVID-Vaccine-1024x897.jpg
Can an Employer force an employee to take the vaccine?



The answer is probably yes.…
Continue

Added by Jonathan Mamaril on January 19, 2021 at 9:00 — No Comments

Loosening The BOOT Straps And 9 Other Industrial Relations Changes

Loosening The BOOT Straps And 9 Other Industrial Relations Changes 

BOOT (better off overall test) and other IR changes might be coming

The Better Off Overall Test (BOOT) is consideration by the Fair Work Commission whether a proposed Enterprise Agreement (EA) or Enterprise Bargaining Agreement (EBA) is better off overall than the applicable industrial award.   A proposed bill is looking…

Continue

Added by Jonathan Mamaril on January 17, 2021 at 23:00 — No Comments

How 3 Avengers Principles from Nick Fury can help Healthcare Employers

We ride into 2021 with lockdowns, face masks, UK strains and “you're on mute” consistent buzzwords for Employers and the healthcare industry. Directors, practitioners and office managers may be fielding a lot of questions…

Continue

Added by Jonathan Mamaril on January 12, 2021 at 15:30 — No Comments

Monthly Archives

2021

2020

2019

2018

2017

© 2021   Created by Jo Knox.   Powered by

Badges  |  Report an Issue  |  Terms of Service