Issues of proof in general protections’ cases

There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…

Read More →

The idiosyncratic vagaries of memory in unfair dismissals

  Here are the thoughts of a member of the Fair Work Commission on the reliability of memory in witnesses….

Read More →

Adverse action in the workplace; cutting to the chase

When determining whether the taking of adverse action against an employee is unlawful, Australian courts have consistently required the decision…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →