Rules of evidence in the Fair Work Commission

The following extract from a Fair Work Commission case exemplifies the approach b y the Commission to the rules of…

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Evidence in the Fair Work Commssion; drawing inferences

Most unfair dismissal cases which are determined by the Fair Work Commission on a defended basis will involve disputed evidence,…

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Fair Work cases; the rule in Jones v Dunkel

There is a rule of evidence which applies in the Australian courts to the effect that where a party does…

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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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