Fair Work Commission and legal professional privilege

Although the Fair Work Commission is not bound to apply the rules of evidence in its conduct of cases because…

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Medical evidence in unfair dismissal cases

Medical evidence after dismissal One of the trickier unfair dismissal legal issues is the admissibility of medical evidence in an…

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General protections cases; what activates the reverse onus of proof?

There is some controversy about the level of probative value an applicant in a general protections case must satisfy before…

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General protections’ cases; proving the negative

In general protections’ cases, one of the critical legal issues is whether (a) the applicant has established a coherently arguable…

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Unfair dismissal cases; the shifting standard of proof

One of the critical and common functions of the Fair Work Commission when determining unfair dismissal cases is the task…

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Unfair dismissal and after the fact evidence

There is considerable case law in the Fair Work Commission to the effect that both employers and employees are entitled…

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Fair work cases; assessing evidence and credibility

In general protections and unfair dismissal cases which proceed to a hearing, whether in the Fair Work Commission or the…

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Issues of proof in general protections’ cases

There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…

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The idiosyncratic vagaries of memory in unfair dismissals

  Here are the thoughts of a member of the Fair Work Commission on the reliability of memory in witnesses….

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Adverse action in the workplace; cutting to the chase

When determining whether the taking of adverse action against an employee is unlawful, Australian courts have consistently required the decision…

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