Over Taylor Biggs

In Kuzel v Roche Products Limited 2008, the Court of Appeal has held that where an employee claims to have been automatically unfairly dismissed for having made a protected disclosure, the burden remains on the employer to show a potentially fair reason for dismissal.   The employee, with some evidential basis, can put forward an alternative reason for dismissal, such as protected disclosure, but that does not mean the burden of proof passes to him or her in that regard.