Unfair dismissal case procedures

Although unfair dismissal cases in the Fair Work Commission do not proceed in compliance with Australia’s laws of evidence, the…

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Unfair dismissal cases and standard of proof issues

This interesting extract from recent unfair dismissal decision of the Fair Work Commission sets out some relevant principles which the…

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Evidence and proof in adverse action cases

  Here is an extract from a recent decision of the Full Federal Court which contains a good legal summary…

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Evidence issues in general protections’ cases

Here is an extract from a recent decision of the Full Federal Court which contains very useful observations about how…

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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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