The risks of cross-examination by video link, Skype, Whats App

“Part of the reason for the importance of personal attendance involves cases where there might be a requirement to cross-examine…

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Circumstantial evidence in unfair dismissal

Where an employee is dismissed for misconduct (serious or otherwise) there is an evidentiary onus upon the employee when challenged…

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Hearsay in the Fair Work Commission

Although, as I pointed in a blog 2 days ago, the Fair Work Commission is not required to apply the…

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Evidence in the Fair Work Commission; having a bob each way

The Fair Work Commission is not bound to apply the rules of evidence which apply to proceedings in civil courts…

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Assessing the credibility of witnesses

“An observation made by Kirby J in 1999 has relevance to the present matter: “There is a growing understanding, both…

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Convicted after the event; post dismissal probative evidence

Evidence which might be relevant to the merits of an unfair dismissal case which is not discovered by the employer…

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Who to believe; resolving credibility issues

Most unfair dismissal and general protections’ cases which proceed to trial will involve a contest as to the facts, or…

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The standard (not burden) of proof in general protections’ cases

The standard (not burden) of proof in general protections claims The High Court has made it clear that this is…

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Which doctor to believe in conflict?

The issue of conflicting medical opinion was considered in Ermilov v Qantas Flight Catering Pty Ltd, PR953449 [2004] AIRC 1141….

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