Onus of proving misconduct rests upon employer in unfair dismissal cases

It is further noted that the respondent bears the onus of establishing the facts underpinning the alleged misconduct: Pastry Cooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 @ 83/4 and Darling Island Stevedoring & Lighterage Co Limited v Jacobsen (1945) 70 CLR 635 @ 643/4.