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Tuesday, 28 June 1994
Page: 2147


Senator ROBERT RAY (Minister for Defence) (9.43 p.m.) —Questions of onus of proof are never easy to resolve anywhere in the law. This particular bill, I think, gives it some balance. The employer is in the best position to know the actual reasons for termination, so it is appropriate that the employer be required to establish that there was in fact a reason for going to the employee's capacity or conduct or the operational requirements of the employer's enterprise. Indeed, when it comes to the operational requirements, the employer may well be the only person who can establish why such a termination was decided upon. This still leaves the position a very balanced one—there are still requirements on the employee and on the employer. I believe that it is a sensible amendment which should get the support of the committee.