The answer is "yes". In Australia, the findings in a workplace investigation are made on the ‘balance of probabilities’, that is the civil standard of proof. A fact is proven, on the balance of probabilities, if its existence is more probable than not, or if it is...
Procedural fairness refers to acting fairly in administrative decision making. The expression is often used interchangeably with “natural justice” and is often misunderstood by lawyers and non-lawyers. Put simply - it relates to the fairness of the procedure by which...
The answer is “yes”.With a few exceptions, employees are contractually obligated to follow any lawful and reasonable direction issued to them by their employer and a failure to do so can have disciplinary consequences for the employee.However, to be a direction, the...
Section 386(1) of Fair Work Act defines “dismissed” to mean when:a. A person’s employment with his or her employer has been terminated on the employer’s initiative; orb. The person has resigned from his or her employment, but was forced to do so because of the...
The answer is “yes”. In Australia, when a party to civil litigation fails to call a witness, or lead evidence that is conveniently available to it and this failure is unexplained, a submission may be made by the opposing party that the rule in “Jones v Dunkel” ought...
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