The following passage from a recent general protections case determined by the Federal Court is a practical and helpful guide…
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In general protections’ cases, the outcome will often depend upon whether the respondent (normally an employer) is able to discharge…
What is the relevance in an unfair dismissal case of facts which are only discovered after the dismissal? Here is…
This is a passage from a judgement of a member of the Federal Court of Australia dealing with an appeal…
In ordinary civil legal cases in Australia there is a general rule to the effect that a failure by a…
hearsay /ˈhɪəseɪ/ noun information received from other people which cannot be substantiated; rumour. “according to hearsay, Bez had managed to…
In an unfair dismissal case where an employer seeks to rely upon an allegation of serious misconduct, the standard of…
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…
