One of the most controversial aspects of the general protections, and certainly one of the most challenging to explain and…
Read More →
“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…
As Hungerford J in Pastry Cooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell…
The potency of the reverse onus of proof is general protections claims is evident in Heraud v Roy Morgan Research…
In State of Victoria (Office of Public Prosecutions) v Grant (2014) FCAFC 184 delivered on 23 December 2014 a Full…
