Onus of proof in the fair work system | Fair Work Legal Advice

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General protections and the reverse onus of proof

Posted by Fair Work Legal Advice

· Sunday, June 28th, 2020

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

General protections cases; knowledge and the rebuttable presumption

Posted by Fair Work Legal Advice

· Wednesday, December 4th, 2019

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

General protections’ reverse onus of proof

Posted by Fair Work Legal Advice

· Wednesday, August 28th, 2019

“The statutory presumption The effect of s.361(1) is to establish a presumption of contravention which is capable of being overcome by a…

General protections; the rebuttable presumption

Posted by Fair Work Legal Advice

· Monday, August 26th, 2019

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

General protections reverse onus of proof

Posted by Fair Work Legal Advice

· Saturday, August 24th, 2019

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

Unfair dismissal; onus of proof of serious misconduct

Posted by Fair Work Legal Advice

· Monday, May 27th, 2019

“Counsel for the applicant submitted that there were no valid reasons for the applicant’s dismissal in that the respondent was…

General protections cases; activating the reverse onus of proof

Posted by Fair Work Legal Advice

· Saturday, March 2nd, 2019

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

Unfair dismissal procedure

Posted by Fair Work Legal Advice

· Sunday, September 16th, 2018

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

The onus and burden of proof in general protections’ cases

Posted by Fair Work Legal Advice

· Sunday, June 17th, 2018

One of the most controversial aspects of the general protections, and certainly one of the most challenging to explain and…

Onus of proof in unfair dismissal

Posted by Fair Work Legal Advice

· Monday, January 15th, 2018

“In cases of summary dismissal, the onus rests on the respondent to prove, to the Commission’s satisfaction, that the misconduct,…

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