Jonathan Mamaril's Blog (29)

Three (3) Insights From HR And Business Owners From The Pandemic 300w, 768w" sizes="(max-width: 580px) 100vw, 580px" />

Here are some insights from our clients from the pandemic

As Employment Lawyers we are in a privileged position to…


Added by Jonathan Mamaril on November 19, 2020 at 13:46 — No Comments

When Is A Resignation Really A Resignation – Our Top 3 Tips For Employers

resigning in the heat of the moment – how should employers and councils act?

We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially cleared his work desk.

We have recently…


Added by Jonathan Mamaril on November 11, 2020 at 10:30 — No Comments

Planning A Work Christmas Party? Read This Article

Planning a work Xmas party? read on…..

The Fair Work Commission’s recent decision in Chambers v Toll Transport Pty Ltd[1] (the Decision) is a useful reminder for employers that not all ‘out of work hours’ misconduct by employees may give rise to a valid reason for dismissal especially in…


Added by Jonathan Mamaril on November 10, 2020 at 18:00 — No Comments

The Pink Folder - Senior Employees and their duties of trust and confidence (3 Tips for Employers)

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Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common…


Added by Jonathan Mamaril on October 20, 2020 at 16:49 — No Comments

Top 3 Tips – Employers Can Avoid A $1.34 Million Underpayment Claim

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:

  • Annual leave loading
  • Periods of annual leave
  • Personal/carers leave (sick leave)
  • Compassionate leave
  • Public holiday leave

This was even…


Added by Jonathan Mamaril on October 15, 2020 at 14:00 — No Comments

Redundancy In A Business Sale – What Employers Need To Know

Redundancy In A Business Sale – What Employers Need To Know

Redundancy in business sales can be tricky – the Gravenell Case shows us “what not to do”

Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.

A recent case…


Added by Jonathan Mamaril on September 21, 2020 at 14:30 — No Comments

Modern Award Changes Will Increase Costs, Risk And Exposure

More modern award changes are here…..

As part of the Modern Award Review there were changes made to some awards from 1 July 2020.   These changes may have the effect of increasing exposure to business risk and costs associated with engaging employees covered under the following Awards:

Miscellaneous Award

Some changes have included:

  • The clarification of which employees are covered by this…

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

General Protections Complaint – Huge Future Economic Loss $Pay-Out Due To COVID-19

$664,601.38 payout!

A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment.

TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of over $650,000 due to breaches of the general protection provisions of…


Added by Jonathan Mamaril on September 4, 2020 at 10:30 — No Comments

Ensuring Redundancies Are ‘Genuine Redundancies’

When an employee alleges their termination of employment was harsh, unjust or unreasonable in an unfair dismissal application, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters …


Added by Jonathan Mamaril on July 21, 2020 at 15:30 — No Comments

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…


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…


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.…


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…


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…


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…

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?


Is your revenue in excess of $50 million?


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…


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 (…


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…


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 (…


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

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