Standard of proof of misconduct in unfair dismissal cases

“This is not a criminal trial in which the respondent must exclude all other possible explanations for conduct. I am…

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Standard of proof of theft to justify dismissal for misconduct

While the expression was not used in the letter of termination it is clear that the applicant was dismissed for…

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

The Fair Work Act provides a reverse onus of proof in general protections’ cases. That is to say that the…

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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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Standard of proof of misconduct in unfair dismissal cases

Principles governing circumstances where the reason or reasons relied upon include misconduct were recently considered in Farmer v KDR Victoria…

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The proof is in the pudding; standard of proof when allegations are serious

When an issue falls for determination on the balance of probabilities and the determination depends on a choice between competing…

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