110 items from our lawyers filed under Employment.
A leader loses her temper over an expensive mistake, sends everyone home, then sits alone in her office and cries. It is hardly the leadership story most people want to tell. For Tameka Bramwell, though, it became the mo…
“Every time we try to manage this employee, they make another complaint.” A complaint about their manager. A complaint about their workload. A complaint about their pay. A complaint about how their performance is being m…
“I’m not bullying them. I’m managing them.” It is a sentence most experienced leaders have heard. And sometimes the manager is absolutely right. Performance management isn’t bullying. A difficult conversation isn’t bully…
“It was just banter.” Four words that can create a very big problem for an employer. I am not suggesting that we need to remove humour from the workplace. People joke. People swear. People give each other a hard time. So…
A recruitment process does far more than fill a vacancy. It is an organisation’s front door, its first meaningful demonstration of how decisions are made, how leaders communicate and whether the business is truly ready f…
$887,690 versus $341,213. Two employee costing models. One was more than $500,000 cheaper. Which one do you think the business chose? The cheaper one. There was just one fairly significant problem. It didn’t include thin…
“We need to restructure, but the employee whose position is affected is on parental leave. Can we still make them redundant?” What if they are on long-term sick leave? Or workers’ compensation? The answer in each case is…
It depends. And the biggest risk probably isn’t unfair dismissal. “Can I sack an employee who has been here for 15 years?” The short answer? Yes. There is no rule in Australian employment law that says someone becomes “u…
As 2026 unfolds, Australian employers are operating in a workplace law environment where poor process is harder to defend. Increasing complexity across payroll compliance, employee entitlements and day-to-day workplace d…
HR is not a support function. It is a business function. That distinction changes everything. It changes how HR professionals speak to leaders, how they approach difficult conversations, how they build credibility and ho…
Human resources has a funny way of finding people who were never planning to land there in the first place. Sometimes it starts with an accounting degree. Sometimes it starts with a book. Sometimes it starts with a wild …
It usually doesn’t start with a termination letter. A General Protections claim rarely begins on the day someone gets fired. More often? It starts months earlier. A complaint gets brushed off. A manager gets irritated. A…
Not every tough manager is a bully. Managers are expected to set standards, hold people accountable and address underperformance. Difficult conversations are part of leadership. But there is a line. And once that line is…
Human resources can look very different depending on the sector. In community services, not for profits, and NDIS providers, HR is often not sitting in a large, well funded internal team with specialist streams and polis…
A contractor and a customer have been ordered to pay $116,000 after sexually harassing a worker. The unique part? Neither of them worked as an employee for the employer. The decision of Eklom v Marshall [2026] FedCFamC2G…
For years, restructures and redundancies have largely been viewed as HR and industrial relations processes. Consultation obligations. Redeployment considerations. Selection criteria. Communications strategy. But what hap…
A Queensland Supreme Court decision is another reminder that workplace injuries do not need to leave a worker completely incapacitated for employers to face substantial compensation exposure. In Singleton v Direct Person…
Why do stakeholders nod along in meetings, say “yes, sounds good”, and then do absolutely nothing? That question sits at the heart of one of the biggest challenges in modern leadership. For HR leaders especially, the iss…
$180,000 Fine. A Finger Injury. And A Workplace Already Prosecuted Multiple Times Before. There is a dangerous assumption some businesses still make about workplace safety: “If nobody was seriously hurt this time, it pro…
$395,000 In Penalties Alone against an owner and manager. $802,000! Bubble Tea “Cashbacks”. False Records. And Migrant Workers Underpaid At Adelaide Eateries. Another Fair Work Ombudsman prosecution has landed with serio…
There is a quiet but very real shift happening across human resources, people and culture, and learning and development. It is not just about new tools, tighter budgets, or another round of workplace buzzwords. It is abo…
There’s a dangerous assumption I see in workplaces all the time: “If we don’t act, we can’t get it wrong.” This case shows why that thinking is flawed. In Mitri v Fire Rescue Victoria [2026] FedCFamC2G 495 (30 March 2026…
An Employer successfully defends a general protections claim… and still ended up paying $176,250? Why? What happened? The Federal Circuit and Family Court decision in Lord v Toll Transport Pty Ltd [2026] FedCFamC2G 348 (…
Accusing an employee of theft is one of the most serious steps an employer can take. It is the kind of allegation that almost always leads to summary dismissal. But what happens when the evidence does not stack up? A dec…
In this episode of the HR Engage Podcast, host Jonathan Mamaril, Director at South Geldard Lawyers, sits down with Trudi Liekefett, Manager of People & Capability at Isaac Regional Council in regional Queensland. Trudi s…
The Fair Work Commission recently dismissed a case, described the legal arguments as “incoherent”, found the applicant had misrepresented what his contract said, and then invited the employer to apply for costs. To be cl…
Performance management has always been treated as a core HR function. Set expectations. Address underperformance. Improve outcomes. But that traditional view is now incomplete. In today’s regulatory environment, performa…
If an employee uses their company email to apply for another job, can you fire them on the spot? One employer thought the answer was yes. The Fair Work Commission had a very different view. A single email. A resume attac…
Chantelle Williams, Head of People and Culture at LSKD, offers a clear, human-centred playbook for growing teams without losing the soul of the organisation. Her career path — from classical vocalist and teacher to learn…
If your organisation’s primary defence to a sexual harassment claim is “we have online training modules,” it may not be enough. The Queensland Industrial Relations Commission decision, Loquias v The Star Entertainment Gr…
From astrophysics to people science: why perspective matters Jay Ramanah’s career reads like a study in adaptability. Trained as a physicist and astrophysicist, Jay moved from research into teaching, then into leadership…
For HR leaders and Employers in Australia managing international workforces, one of the most misunderstood questions is this: When does the Fair Work Act apply to employees working overseas? A recent Fair Work Commission…
If you are still treating flexible work requests as a policy issue rather than a legal risk, you may be exposed. Nearly three (3) years after the Fair Work Commission was given power to arbitrate disputes about refused f…
Most employment law issues do not come out of nowhere. They usually build quietly in the background. An outdated contract. A pay assumption that has never been tested. A complaint that is handled informally because every…
Employment law in 2026 is less about new buzzwords and more about execution. Can your payroll withstand payday super? Are your redundancy processes genuinely defensible? Do your contracts still do what you think they do?…
The role of an HR recruitment specialist has shifted. Today it is less about filling a vacancy and more about building long-term partnerships that protect culture, manage risk and enable strategic growth. Leanne Lazarus,…
Melitta McDonald arrived at human resources the way a lot of great leaders do — by accident and then by choice. Over seven years she completed a business degree while working full time, raised a family, and cut her teeth…
Simon Lever’s career demonstrates a simple but powerful idea: HR that combines broad experience with genuine empathy delivers better outcomes for people and the business. Years of project-based work across aviation, mini…
The Fair Work Commission has again confirmed that the day to day reality of a working relationship will outweigh any contract terms describing a worker as a casual. Fair Work Commission case Richard McLeish v GNM Austral…
Sexual harassment remains one of the most serious and preventable risks in Australian workplaces. Recent reforms, increased public awareness, and the shift toward a positive duty to eliminate harmful behaviour mean emplo…
Looking for practical HR career advice from someone who’s been there? In this episode of the HR Engage Podcast, we sit down with Rae Headey, General Manager of People and Development, who shares her unconventional journe…
HR managers and Heads of HR are often at the frontline when it comes to workforce classification, contract design, and compliance. The Federal Court decision in Fair Work Ombudsman v Doll House Training Pty Ltd (No 2) [2…
The Modern Workplace Bullying Dilemma Workplace bullying isn’t new but how we perceive it is changing fast. In an era of hybrid work, constant performance pressure and a sharper awareness of psychological safety, even ro…
In this episode of the HR Engage Podcast, Jonathan Mamaril sits down with Holly McBride — a human resources leader whose journey stretches from retail management in Birmingham to leading People & Culture at Fraser Coast …
An employee said the boss’s micromanagement drove him to quit. The FWC said otherwise and HR teams should take note. What happened – Mr Cooper Lynch v Mcpherson Window Cleaning Pty. Ltd. & Mr Paul McIntyre [2025] FWC 268…
The Fair Work Commission’s decision in Sewell v dnata Airport Services Pty Ltd [2025] FWC 2823 is a wake-up call for every HR team managing sexual harassment complaints. At the heart of the case was the employer’s handli…
Written Employment Contracts may sound like a boring part of HR and business. When it comes to employment relationships, unclear or incomplete contracts are a recipe for disputes. Courts are increasingly willing to step …
Ok, Ok maybe it is going a bit too far. But this is a question that needs to be asked and answered for every Board, Executive and HR team. Do we have payroll under control? Because of recent cases (which may be appealed)…
Introduction — Why this conversation matters to HR I sat down with Paul Dunn — one of Hewlett-Packard’s first ten employees in Australia, an international speaker who has reached hundreds of thousands of people, and co‑f…
When an employee told a colleague, “why don’t you go get molested…”, it was the final straw for his employer. But while the behaviour was appalling, the Fair Work Commission still ruled his dismissal unfair because of th…
Can an employee’s “off-the-clock” Facebook rant really put their job at risk? In today’s workplaces, the answer is increasingly yes. Social media has blurred the lines between professional and personal life, and organisa…
In the HR Engage Podcast episode 19, host Jonathan Mamaril sits down with Josh Campbell—an 18-year HR veteran who moved from safety compliance into human resources and now leads HR for a Brisbane-based EV charging techno…
From South Africa to Global HR Leadership: The Unconventional Journey That’s Redefining People Strategy Human Resources is often seen as a behind-the-scenes function, but the truth is, it’s where the real action happens …
Imagine making what you thought was a watertight redundancy decision only to have the High Court declare it invalid years later. That’s exactly what happened in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, where the…
It started with a pink bag on a bus and ended with an unfair dismissal claim. A cleaner with over two decades of experience without incident, was carrying out his normal duties, only to be accused of misappropriating los…
A major change in workplaces has seen the Government introduce and now implement, as of 26 August 2024, the new Right to Disconnect laws. The aim of this legislation is to foster work-life balance for employees however, …
In the fast-evolving world of human resources, few topics are as critical—and as challenging—as compensation. Matt McFarlane’s journey from a rural upbringing and a psychology degree to becoming a global HR expert and…
Human Resources is rarely a straight path—and Claudia Faulkner’s journey through the field exemplifies this truth. From her Canadian roots and UK upbringing to becoming a cornerstone of Australia’s engineering sector HR,…
Reasonable and lawful directions. With the onset of Psychosocial Risks and Hazards legislation, an increase in mental health claims, exposure, disclosure, discussion and risk management the issue of medical evidence beco…
The Federal Court of Australia has delivered a timely reminder that reasonable notice is still in play. In the recent decision of Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663 (Cropper Case) the Court…
Human Resources is a profession that demands versatility, resilience, and a deep understanding of both people and business. Tanya Hibbard’s 21-year career perfectly embodies these qualities as she has navigated diverse a…
Work from Home and Flexible Working Arrangements – potentially 20, 15 or even 10 years ago, this was seldom used. However, as part of the ever-changing workplace and evolving workforce, Flexible Working Arrangements seem…
In the dynamic world of human resources, few careers embody the blend of operational insight, global experience, and leadership wisdom quite like that of Heidi Mayhew-Sanders. With a career spanning continents—Europe, th…
Redundancies are often challenging for both employers and employees. But under Australia’s Fair Work Act 2009 (Cth), a redundancy won’t be considered genuine if there’s a reasonable opportunity for the employee to be red…
In the dynamic world of human resources, every journey is unique. Hayley Fielding, Head of People and Culture, shares her refreshingly honest and insightful path into HR—a journey that began almost by accident but blosso…
Redundancy, especially during a crisis, is a challenging aspect of Human Resources (HR) management. Ensuring compliance with Australian Employment Law is not only a legal obligation, but it also protects an Employer and …
Human Resources is often described as the heart of any organization — where strategy meets people, and where challenges are as varied as the individuals involved. Nathan Bryant, HR Manager at Nauru Airlines, shares his c…
In Australia, redundancy pay is governed by the National Employment Standards (NES) under the Fair Work Act 2009. A notable aspect of these provisions is that redundancy pay entitlements decrease after 10 years of contin…
Major workplace law changes are on the way. In this presentation for the Capricornia Chamber of Commerce, South Geldard Director, Jonathan Mamaril, explains:• The Right to Disconnect, giving employees more control over a…
In this episode of the HR Engage Podcast, Jonathan Mamaril talks with Rod Francisco who has had an incredible journey from the military to the HR arena. Rod shares his insights on simplifying human resources, emphasising…
Workplace employment relationships “akin to employment” can be found on an almost daily basis as workplaces continue to evolve. Some examples include: Labour hire; Independent contractors; and Volunteers. The question th…
In this episode, South Geldard Director Jonathan Mamaril sits down with powerhouse HR leader Mark Lindley, whose 20+ year career has taken him from Australian retail floors to overseeing 220,000+ employees across the Mid…
The changing face of modern workplaces still requires management of people. Managing remote teams creates complexities not really seen before. An area on the rise in the context of remote work is Workplace Bullying claim…
In this episode of the HR Engage Podcast, host Jonathan Mamaril sits down with the incredible Oloff Visser — a people and culture leader whose career spans continents, industries, and transformations. Oloff takes us on a…
In this edition of the podcast, Jonathan talks with Paula Holden, a seasoned leader in HR and people & culture, with nearly 30 years of experience across executive leadership, board directorships, and workforce strategy.…
Legitimate performance management because of an employee’s work performance can be a long process. However, it is integral to do so, as performance management is about looking for improvement in the performance of an ind…
In this must-watch interview, Jonathan Mamaril, Director at South Geldard Lawyers, sits down with Leanne Lazarus on people2people HR Lens to discuss sexual harassment claims in the workplace. You’ll learn: • What are the…
Continued evolution in sexual harassment in the workplace now firmly identifies sexual harassment as a workplace health and safety issue. The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Regulati…
In this interview, Jonathan Mamaril joins people2people Specialist Recruitment Manager, Leanne Lazarus, to unpack why swift, correct action after a sexual harassment claim matters most. Watch the video here.
In this episode of the HR Engage Podcast, South Geldard Director Jonathan Mamaril sits down with the incredible Samantha Pickering, Chief Operating Officer at Queensland Computers and a 40 Under 40 award recipient! From …
South Geldard Lawyers, Director, Jonathan Mamaril, joins Jay Ramanah on The Talent Channel to discuss his journey into law, the skills lawyers need in 2025, and the legal challenges ahead for Australian businesses. Watch…
The Fair Work Ombudsman has been busy with underpayment of wages problems with several workplaces including big names such as the Commonwealth Bank of Australia. The Fair Ombudsman have taken this to another level securi…
Welcome to the HR Engage Podcast! Today, we sit down with Roseta Jacobs—a powerhouse in HR, learning & development, and workplace transformation. From growing up in apartheid South Africa to breaking barriers in corporat…
With systems, automation, processes, and AI continuing to dominate the workplace now and into the foreseeable future, the Fair Work Commission has reminded all Employers and HR teams that the legal obligations when it co…
In this episode of the podcast series, Jonathan Mamaril talks with Natasha Hydon. For those who work in government, whether local or state, Natasha probably needs no introduction. Her career spans decades and industries,…
NDIS (National Disability Insurance Scheme) has had a lot of media and business attention for many years. The human resources and employment law elements of NDIS workplace operations are no different – it also can demons…
Pranks in some workplaces are a way to galvanise a team or a group of people as well as having a bit of fun. But in other workplaces (and some might say in most places) this has the opposite effect. Australia Post and a …
In this episode of the HR Engage Podcast, Jonathan Mamaril, Director at South Geldard Lawyers, sits down with Dave Madeley, an accomplished HR Manager and People & Culture Leader, for an insightful discussion that challe…
Long service leave in Queensland and to some extent in other states in Australia is an entitlement to reward long-serving employees. Long service leave entitlements in Queensland crystallise after 10 years, however, it c…
Sexual harassment has undergone a number of changes in recent times: The extension of powers of the Sex Discrimination Commissioner An ability for employees to make an application for a stop sexual harassment order in th…
In this second episode of this series, Jonathan Mamaril talks with Nicole Hall. Nicole has had an incredible career journey, pivoting from economics and investments into senior HR roles across industries like mining, con…
Welcome to the first episode of the HR Engage Podcast with Jonathan Mamaril! In this debut episode, Jonathan is joined by Kerine Nightingale, a highly experienced HR professional with a remarkable consulting background…
If you’re a business owner, or someone working in HR, you’re not going to want to miss this! The HR Engage Podcast with our Director and Head of Employment Law, Jonathan Mamaril. HR Engage is all about hearing from excep…
Flexible work arrangements are another hot topic for human resources teams in workplaces. Any request for a flexible work arrangement creates a workplace right for an employee. However, Employers can refuse a request if …
Forced Resignation, when an employee decides to resign from employment, especially during complaints and grievances being made or a performance improvement process, can the Employer still be held liable? Forced resignati…
Written employment contracts are almost a given in every employment relationship. It is integral to have in place a written employment contract that has basic terms and conditions that go beyond salary and job descriptio…
Bullying is often associated with either peers or superiors targeting subordinates (downward bullying), it can also occur in the opposite direction, known as “upward bullying.” Recently, we have had several Managing Dire…
As an Employer and part of the HR team, you have made the difficult (and maybe sometimes not so difficult) decision to terminate the employment of an employee. Expectedly or unexpectedly you have received an unfair dismi…
Psychosocial Risks and Hazards Workplace health and safety legislation change has further evolved from a focus on physical safety (knee injuries, near misses and serious injury) to renewed focus on mental illness and men…
A recent decision by the NSW Court of Appeal in March 2020 has given employers some guidance in determining the scope of possible claims under workers’ compensation schemes, even in the highly unusual circumstances of th…
In this video, South Geldard Lawyers Director, Ben Wright shares some insights for business owners regarding a recent Court decision in the WorkPac v Rossato case.
With a 1025 paragraph judgement and an appeal imminent, the Full Bench of the Federal Court of Australia have recently published their reasons for judgement in the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (“Wo…
Casual employment and the consequences for employers of misclassifying employees have been vexed issues since the 2018 decision of the Federal Court regarding the employment of Mr Paul Skene by WorkPac Pty Ltd.
If you employ a workforce, chances are you will at some stage be called upon to investigate and adjudicate allegations of employee misconduct. The process can be complex.
A good succession plan has the following characteristics: (1) It must be tailored. Each person and every family is different. A succession plan must be tailored to your specific circumstances.
Responding to an employment claim involving former or existing employees can be costly, extremely disruptive and, sometimes, inevitable.
In a recent post, we shared the basics about adverse action claims. Specifically, we discussed what they are, when an employee can make one and how they can do so. In this article we’ll talk about how your business can d…
When we think of an “adverse action” claim, most people think of a disciplinary or termination of employment situation. However, legal issues can also arise when engaging a prospective employee and during the course of t…
In this podcast, South Geldard Lawyers Director and Employment Lawyer, Ben Wright discusses a ‘Restraint of Trade’ from an employer’s perspective.
Last year, the Queensland Parliament created new laws to address concerns about the labour hire industry. These laws (the labour hire licensing regime) took effect on 16 April 2018 when the Labour Hire Licensing Act 2017…
