Evidence and proof in general protections cases

This passage from a recent appeal from the Federal Circuit Court to the Federal Court in a general protections’ case…

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The general protections’ rebuttable presumption of proof

The general protections of the Fair Work Act are a reasonably scary proposition for companies which are sued for breaching…

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General protections and the reverse onus of proof

The general protections of the Fair Work Act operate on the basis of a statutory reverse onus of proof. In…

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General protections cases; knowledge and the rebuttable presumption

One of the most important forensic elements of the body of case law which now exists about the Fair Work…

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General protections’ reverse onus of proof

“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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General protections; the rebuttable presumption

“The question of why an employer took adverse action against an employee or, for that matter against a prospective employee,…

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General protections reverse onus of proof

Here is a fine summary of the law about the reverse onus of proof which applies in general protections’ cases….

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Unfair dismissal; onus of proof of serious misconduct

“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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General protections cases; activating the reverse onus of proof

On of the most important legal considerations in general protections’ cases is height of the bar which an applicant needs…

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Unfair dismissal procedure

Many employers believe that they can reduce the risks of facing an unfair dismissal claim following the termination of an…

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