The burden (not standard) of proof in general protections’ cases

The Fair Work Act provides a reverse onus of proof in general protections’ cases. That is to say that the onus of disproving that the motivation for the alleged act was unlawful rests upon the defendant (normally an employer) once a coherent case for the allegation is established. But what is the level of persuasion […]

Unfair dismissal procedure

Many employers believe that they can reduce the risks of facing an unfair dismissal claim following the termination of an employee’s employment for misconduct by making a payment in lieu of notice. The rationale for this reasoning  that either (a) it is less likely that the employee will make a claim for unfair dismissal (which […]