Onus of proof issues in general protections cases

The following passage from a recent general protections case determined by the Federal Court is a practical and helpful guide…

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General protections cases and rules of evidence

In general protections’ cases, the outcome  will often depend upon whether the respondent (normally an employer) is able to discharge…

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Unfair dismissal and evidence principles

What is the relevance in an unfair dismissal case of facts which are only discovered after the dismissal? Here is…

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Evidence in general protections’ cases

This is a passage from a judgement of a member of the Federal Court of Australia dealing with an appeal…

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Evidence in employment law cases

In ordinary civil legal cases in Australia there is a general rule to the effect that a failure by a…

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Hearsay and unfair dismissal cases

hearsay /ˈhɪəseɪ/ noun information received from other people which cannot be substantiated; rumour. “according to hearsay, Bez had managed to…

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Allegations of serious misconduct in unfair dismissal cases

In an unfair dismissal case where an employer seeks to rely upon an allegation of  serious misconduct, the standard of…

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Evidence issues in general protections cases

What follows is an excellent summary of the reverse onus of proof which applies in general protections cases, extracted from…

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Adverse action issues for employers

The taking of unlawful adverse action against another party under the general protections of the Fair Work Act depends essentially…

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Heresay evidence in the Fair Work Commission

Heresay evidence is very rarely permissible in the civil or criminal courts in Australia. However there are circumstances where it…

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