Ethos Autumn 2021

Page 36

ETHOS . LAW SOCIETY OF THE ACT JOURNAL

Searching for an elusive truth

Briginshaw in the workplace

The Briginshaw decision has become one of Australia’s most cited cases. For employment lawyers especially, Briginshaw adds a gloss to the standard of proof required in civil cases involving serious wrongdoing or the potential for particularly harsh consequences. In this article, John Wilson and Kieran Pender revisit the Briginshaw principle and its application in the workplace context.

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