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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Evidence issues in unfair dismissal cases in Australia

  The following passage from  a recent Fair Work Commission unfair dismissal case explains the process by which the Commission…

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Standard of proof in unfair dismissal cases; Briginshaw

When an employer makes allegations of serious misconduct against an employee as its defence in an unfair dismissal case, it…

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Evidence issues in unfair dismissal cases

In unfair dismissal cases being dealt with by the Fair Work Commission, there is both a burden of proof and…

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Unfair dismissal; onus of proof and Briginshaw

In an unfair dismissal case, the applicant bears the evidential onus of satisfying the Fair Work Commission that the dismissal…

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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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