Commentary

E. Whistleblowing detriment—The burden of proof

Division CIII Whistleblowing
| Commentary

E. Whistleblowing detriment—The burden of proof

| Commentary

E.     Whistleblowing detriment—The burden of proof

ERA 1996 s 48(2) applies to all detriment claims which are brought under ERA 1996 s 47B (which includes whistleblowing cases) and is drafted in the following terms: 'On such a complaint it is for the employer to show the ground on which any act, or deliberate failure to act, was done.' The legal effect of this provision is considered in more detail at DII [461]. Particularly important here is the trade union detriment case of Serco Ltd v Dahou [2016]

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