Evidence in the employment tribunals | Fair Work Legal Advice

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Standard of proof in unfair dismissal cases; Briginshaw

Posted by Fair Work Legal Advice

· Thursday, October 29th, 2020

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

Evidence issues in unfair dismissal cases

Posted by Fair Work Legal Advice

· Saturday, October 17th, 2020

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

Unfair dismissal; onus of proof and Briginshaw

Posted by Fair Work Legal Advice

· Wednesday, December 11th, 2019

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

Rules of evidence in the Fair Work Commission

Posted by Fair Work Legal Advice

· Monday, September 30th, 2019

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

Evidence in the Fair Work Commssion; drawing inferences

Posted by Fair Work Legal Advice

· Thursday, September 19th, 2019

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

Fair Work cases; the rule in Jones v Dunkel

Posted by Fair Work Legal Advice

· Monday, July 8th, 2019

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

Fair Work Commission and legal professional privilege

Posted by Fair Work Legal Advice

· Monday, March 4th, 2019

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

Medical evidence in unfair dismissal cases

Posted by Fair Work Legal Advice

· Friday, February 8th, 2019

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

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

Posted by Fair Work Legal Advice

· Tuesday, January 22nd, 2019

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

General protections’ cases; proving the negative

Posted by Fair Work Legal Advice

· Thursday, December 27th, 2018

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

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