Allegations of serious misconduct in unfair dismissal cases

In an unfair dismissal case where an employer seeks to rely upon an allegation of  serious misconduct, the standard of proof (perhaps it can also be called the level of proof or the standard of satisfaction) will ordinarily be required is high.

“Secondly, whilst always remaining the civil standard, the more serious the allegation, the higher the standard of proof required. 38 Opinion and hearsay evidence, absent direct evidence, corroboration or admission, is not a reliable basis to make findings of misconduct let alone serious misconduct.”


Craig-Follese v Golf World (QLD) Pty Ltd (2021) FWC 1022 delivered 1 March 2021 per Anderson DP