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 after dismissal One of the trickier unfair dismissal legal issues is the admissibility of medical evidence in an…
There is some controversy about the level of probative value an applicant in a general protections case must satisfy before…
In general protections’ cases, one of the critical legal issues is whether (a) the applicant has established a coherently arguable…
One of the critical and common functions of the Fair Work Commission when determining unfair dismissal cases is the task…
There is considerable case law in the Fair Work Commission to the effect that both employers and employees are entitled…
In general protections and unfair dismissal cases which proceed to a hearing, whether in the Fair Work Commission or the…
There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…
Here are the thoughts of a member of the Fair Work Commission on the reliability of memory in witnesses….
When determining whether the taking of adverse action against an employee is unlawful, Australian courts have consistently required the decision…
