In an unfair dismissal case where an employer seeks to rely upon an allegation of serious misconduct, the standard of…
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What follows is an excellent summary of the reverse onus of proof which applies in general protections cases, extracted from…
The taking of unlawful adverse action against another party under the general protections of the Fair Work Act depends essentially…
Heresay evidence is very rarely permissible in the civil or criminal courts in Australia. However there are circumstances where it…
The following passage from a recent Fair Work Commission unfair dismissal case explains the process by which the Commission…
When an employer makes allegations of serious misconduct against an employee as its defence in an unfair dismissal case, it…
In unfair dismissal cases being dealt with by the Fair Work Commission, there is both a burden of proof and…
In an unfair dismissal case, the applicant bears the evidential onus of satisfying the Fair Work Commission that the dismissal…
The following extract from a Fair Work Commission case exemplifies the approach b y the Commission to the rules of…
Most unfair dismissal cases which are determined by the Fair Work Commission on a defended basis will involve disputed evidence,…
