Embracing the positive obligation to tackle sexual harassment in the workplace is another new challenge for Employers under the Sex Discrimination Act 1984 (Cth).Employers and PCBUs have a positive duty to actively ensure that all forms of sex discrimination, sexual harassment, sex-based harassment, hostile work environments, and acts of victimization are eliminated as…See More

Sep 25

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Revisiting offset clauses in employment contracts – 4 tips for employers and human resources to do it right!

Many employers have a system where they pay an employee above their award entitlements, on the understanding it is to ‘cover off’ on certain items such as overtime pay or shift loadings. The arrangements are recorded in various ways (we have seen it all at NB Employment Law), usually by way of employment contracts but also a verbal ‘gentleman’s agreement’ or even in the…See More

Aug 31

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Revisiting offset clauses in employment contracts – 4 tips for employers and human resources to do it right!

Aug 28

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Jonathan Mamaril posted blog posts

Aug 25

A blog post by Jonathan Mamaril was featured

Finding balance: Examining fair and reasonable refusals in the work from home era

Work from home and in particular having to deal with requests that seem from the outset, outlandish, require some further thought and consideration before it is rejected.The case of Hair v State of Queensland (Queensland Health) [2021] QIRC 422, illustrates that the response to this inquiry might be contingent on the employer’s operational requirements and the…See More

Aug 24

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First successful Federal age discrimination case leads to $232,000 awarded to employee who was “forced to retire”

Age discrimination has been an area of some discussion with human resources and people and culture teams with concerns over fitness for work, use of technology, physical ability and ability to adapt and change are brought into question. There are of course some positions where there are specific legal obligations around age retirement. However, in Australia most discrimination cases have been battled out in general protections claims or state discrimination cases. The Federal Court of…See More

Aug 2

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First successful Federal age discrimination case leads to $232,000 awarded to employee who was “forced to retire”

Aug 2

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Sexual harassment changes: A higher responsibility for prevention (and elimination)

A crucial change in the law contains an express prohibition on sexual harassment in connection with work. The new law also brings vicarious liability to the fore – employers will now need to prove they took steps to stop the offending conduct to avoid being held liable. Further, the threshold is now that the offending conduct be ‘in connection with work’ and not merely ‘while at work’ – in that sense, past and future conduct are within the ambit of the new contravention provisions.…See More

Apr 6

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Jonathan Mamaril posted a blog post

Sexual harassment changes: A higher responsibility for prevention (and elimination)

Mar 30

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Employee with whiskey before work gets sacked but reinstated by the Fair Work Commission

Is it appropriate to terminate the employment of an employee who drinks whiskey before work? According to the Fair Work Commission – yes it is – but it might still be an unfair dismissal!Trevor Purves v Queensland Rail Transit Authority T/A Queensland Rail [2022] FWC 3343 (21 December 2022)On 21 December 2022, the Fair Work Commission (FWC) handed down its decision in…See More

Jan 25

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Employee with whiskey before work gets sacked but reinstated by the Fair Work Commission

Jan 20

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The IR changes are coming – 5 practical issues to consider for employers and HR

The imminent IR law change of Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) is upon us as the cross bench and Greens provide support to the Bill in the Senate.There are a number of headline changes which has had already a lot of discussion such as:The final nail in the coffin for the construction industry watchdog, Australian Building and…See More

Dec 14, 2022

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Profile Information

What would you like to share about yourself?: Jonathan advises clients on all aspects of Employment Law, including enterprise agreements, collective bargaining and interpretation of Modern Awards. He has represented clients in unfair dismissal, general protections and discrimination matters—from the conciliation conference stage, through to arbitration in the Fair Work Commission.

Jonathan also navigates his clients through complex Workplace Health and Safety legislation, providing them with practical solutions and workplace policies to ensure they abide by their various statutory Employment Law obligations. He has a wealth of experience in advising on restructures, redundancies and performance management, as well as extensive knowledge in matters involving restraint of trade, drafting and reviewing employment contracts and advising on contractor arrangements. Jonathan is particularly interested in Employment Law issues that concern decision makers and human resource practitioners, and he prides himself on providing practical legal advice that aligns with the strategic objectives of his clients.

Before joining NB Lawyers, Jonathan worked for a Trade Union as an Industrial Officer, where he gained experience advising union members on termination of employment and workplace bullying issues. He also worked at a mid-tier Brisbane-based law firm, where he advised several small- to medium-sized businesses and not-for-profit organisations in all aspects of Employment Law.

Company website/blog: http://www.lawyersforemployers.com.au/

How many employees in your company?: 1-49

What areas of HR are you particularly passionate about?: Employment Law, Enterprise Agreements, Workplace Bullying, Employment Contracts, Contractor Agreements, Discrimination, Unfair Dismissal, General Protections and Restraint of Trade

What kind of networking are you open to?: Open networking, Referrals between friends, Very targeted/niche, Invitation only

Jonathan Mamaril's Blog

Why should you have written employment contracts in place? Two words – reasonable notice!

Posted on November 30, 2023 at 7:30 0 Comments 0 Likes

In the absence of a formal written employment contracts, especially for long-serving, senior employees, and well-paid employees, there’s a possibility they might claim ‘reasonable notice’ upon…

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OnlyFans and the changing landscape of employment law: Can an employer terminate employment?

Posted on November 29, 2023 at 8:00 0 Comments 0 Likes

In today’s digital age and with many more employees looking to increase their potential income through secondary employment, the lines between personal and professional lives are becoming increasingly blurred. With platforms like OnlyFans offering individuals a means to monetize their content and pursue their passions, traditional notions of…

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A new era of industrial law is upon us – Deciphering the 'Closing Loopholes Bill'

Posted on September 28, 2023 at 7:30 0 Comments 0 Likes

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Embracing the positive obligation to tackle sexual harassment – 5 control measures for HR to consider

Posted on September 25, 2023 at 7:30 0 Comments 0 Likes

Embracing the positive obligation to tackle sexual harassment in the workplace is another new challenge for Employers under the Sex Discrimination Act 1984 (Cth).

Employers and PCBUs have a positive duty to actively ensure that all forms of sex discrimination, sexual harassment, sex-based harassment, hostile work…

Continue