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Employers in Australia and around the country sometimes defend themselves against complaints of discrimination, arguing that the employee deserves to be fired. This tactic can also be of benefit to employers in cases where discrimination is obvious because it can limit irreparable damage, and sometimes employers go to great lengths to gather evidence of wrongdoing when a laid-off worker has filed or is considering.

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However, the country's Supreme Court said the evidence of abuses alone was insufficient to prevent such a case from moving forward. The case concerns a woman who admitted during filing that she had copied confidential documents without permission.

If the employer is able to gather evidence of misconduct that may have been committed, compensation can only be provided for the period between the improper dismissal and disclosure of the violation. Employers can also use further evidence to support the argument that workers were fired on non-discriminatory grounds. Opponents of this strategy argue that employers can claim that they are motivated by the knowledge they do not have.

Lawyers with experience in labor rights cases can ask workers wishing to file a complaint of discrimination or unfair dismissal to take action to limit the amount of evidence gathered against them. Lawyers can also advise that workers in hostile environments, who fear being fired on discriminatory grounds, strictly follow all company policies and procedures, and delete all inappropriate emails and online statements.

After-acquired evidence in employment discrimination cases