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Collective misconduct and the burden of proof – lessons for employers

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The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. The concept of collective misconduct applies when employers address misconduct involving multiple employees.

BOOK REVIEW | Triple Cross

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Detective Alex Cross is chasing an elusive murderer called 'The Family Man' in the 30th instalment of the bestselling Alex Cross series. They strike under cover of darkness, trigger no alarms, and leave no evidence behind.

Witnesses are key at hearings

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Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win without witnesses.

Hot tub expert evidence catching on

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Evidence of experts in dispute hearings can be dealt with efficiently by using the ‘hot tub’ method to deal with disputes issue-by-issue rather than expert-by-expert.

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