Jonathan Mamaril's Blog (39)

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…

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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…

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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…

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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…

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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)…

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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

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Can an Employer force an employee to take the vaccine?



The answer is probably yes.…
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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…

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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…

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

4 Hot Tips For HR From An Employment Lawyer In 2021

The post pandemic landscape has meant a number of challenges for Employers and HR.  As an Employment Lawyer human resources department ask for assistance on a range of matters.

Here are some quick wins for HR for 2021.

Tip 1 – Performance Management Training

Some companies have seen a spike in productivity and others have seen productivity limited.  It is important to understand the unique problems that have…

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Added by Jonathan Mamaril on December 22, 2020 at 9:00 — No Comments

Getting A Second Job During COVID-19 – 3 Lessons For Employers



Is your employee getting a second job?

Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission.

In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been full-time have been varied to part-time, or even casual. Some businesses are also still receiving Jobkeeper payments, allowing the employer to…

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Added by Jonathan Mamaril on December 3, 2020 at 15:00 — No Comments

Three (3) Insights From HR And Business Owners From The Pandemic



Here are some insights from our clients from the pandemic

As Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.

Discussing these points with many in human resources, personnel management and business owners there are some constant themes…

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Added by Jonathan Mamaril on November 19, 2020 at 13:30 — 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…

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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…

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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…

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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…

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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…

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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…
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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…

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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 …

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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…

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

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