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
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
We have discussed at length in two articles Can Australian Employers Force An Employee To Get Vaccinated? 3 Considerations From An Employment…Continue
Added by Jonathan Mamaril on April 29, 2021 at 9:00 — No Comments
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
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
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
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
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
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