“Counsel for the applicant submitted that there were no valid reasons for the applicant’s dismissal in that the respondent was…
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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…
“I have considered the principles discussed in authorities including Pinawin T/A RoseVi.Hair.Face.Body v Domingo [2012] FWAFB 1359, and in Ryman…
The employer bears an onus of establishing that there was a valid reason for a dismissal. Allied Express Transport Pty…
The reverse onus of proof in general protections cases “Section 361 creates a reverse onus. The onus is on the…
