Unfair dismissal; onus of proof of serious misconduct

“Whilst the Applicant bore the onus of proving that the dismissal was harsh, unjust or unreasonable, in cases of dismissal arising from alleged serious misconduct, the evidential onus of proof shifts from an Applicant to the Respondent. It is for the Respondent to prove whether the alleged conduct took place.”

Claydon v Celotti Workforce Pty Ltd (2021) FWC 6318 delivered 11 November 2021 per Spencer C