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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The onus and burden of proof in general protections’ cases

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

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Onus of proof in unfair dismissal

“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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Unfair dismissal cases and proof of serious misconduct

 One of the most vexing issues for those of us who represent employers and employees in unfair dismissal cases in…

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