Unfair dismissal cases and proof of serious misconduct

 One of the most vexing issues for those of us who represent employers and employees in unfair dismissal cases in…

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Onus of proof in Fair Work Commission cases

“Second, it is doubtful how far the notion of onus of proof is relevant at all to Commission proceedings, 41…

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Onus of proof in small business dismissals

“I have considered the principles discussed in authorities including Pinawin T/A RoseVi.Hair.Face.Body v Domingo [2012] FWAFB 1359, and in Ryman…

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Onus of proof of valid reason for dismissal

The employer bears an onus of establishing that there was a valid reason for a dismissal. Allied Express Transport Pty…

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The reverse onus of proof in general protections

The reverse onus of proof in general protections cases “Section 361 creates a reverse onus. The onus is on the…

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Onus of proof for summary dismissal

As Hungerford J in Pastry Cooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell…

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The potency of the reverse onus of proof in general protections’ cases

The potency of the reverse onus of proof is general protections claims is evident in Heraud v Roy Morgan Research…

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Onus of proof in general protections cases

In State of Victoria (Office of Public Prosecutions) v Grant (2014) FCAFC 184 delivered on 23 December 2014 a Full…

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Reverse onus of proof in Fair Work Act

Sec 361 of the Fair Work Act 2009 contains a provision which reverses the traditional burden of proof in civil…

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Adverse action; the reverse onus of proof

Sec 361 of the Fair Work Act 2009 is an extraordinary provision because it provides that in an action for…

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