“The statutory presumption The effect of s.361(1) is to establish a presumption of contravention which is capable of being overcome by a…
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“The question of why an employer took adverse action against an employee or, for that matter against a prospective employee,…
Here is a fine summary of the law about the reverse onus of proof which applies in general protections’ cases….
“Counsel for the applicant submitted that there were no valid reasons for the applicant’s dismissal in that the respondent was…
On of the most important legal considerations in general protections’ cases is height of the bar which an applicant needs…
Many employers believe that they can reduce the risks of facing an unfair dismissal claim following the termination of an…
One of the most controversial aspects of the general protections, and certainly one of the most challenging to explain and…
“In cases of summary dismissal, the onus rests on the respondent to prove, to the Commission’s satisfaction, that the misconduct,…
One of the most vexing issues for those of us who represent employers and employees in unfair dismissal cases in…
“Second, it is doubtful how far the notion of onus of proof is relevant at all to Commission proceedings, 41…
