The Changing Onus of Proof puts HR Managers at Greater Risk against Workplace Laws

There has been an increasing tendency in Australian courts to place blames of unfair dismissal on HR Managers who can no longer simply plead ignorance when it comes to workplace laws. Following the legislative changes to workplace laws in the last couple of years, HR Managers cannot simply hide behind the company or their CEO when faced with unfair dismissal claims.

With the new laws, the burden of proof has been shifted from the employee to the employer, making it a lot simpler for dismissed employees to make a claim of unfair dismissal. HR Managers are thus required to spend a great deal of time and resources to prepare facts and evidences for all cases, no matter how frivolous or vexatious. On the other hand, employees can make extraordinary claims without having to present any substantive evidence.

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