There is considerable case law in the Fair Work Commission to the effect that both employers and employees are entitled…
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In general protections and unfair dismissal cases which proceed to a hearing, whether in the Fair Work Commission or the…
There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…
Here are the thoughts of a member of the Fair Work Commission on the reliability of memory in witnesses….
When determining whether the taking of adverse action against an employee is unlawful, Australian courts have consistently required the decision…
“Part of the reason for the importance of personal attendance involves cases where there might be a requirement to cross-examine…
Where an employee is dismissed for misconduct (serious or otherwise) there is an evidentiary onus upon the employee when challenged…
Although, as I pointed in a blog 2 days ago, the Fair Work Commission is not required to apply the…
The Fair Work Commission is not bound to apply the rules of evidence which apply to proceedings in civil courts…
“An observation made by Kirby J in 1999 has relevance to the present matter: “There is a growing understanding, both…
