Burden of proof can be defined as the duty placed upon a party to prove or disprove a disputed fact.
In the case of unfair dismissal proceedings, the burden of proof lies with the employer to prove or demonstrate that the dismissal was fair and that a fair procedure took place when dismissing an employee.
However, if an employee decides to leave their employment but claims that they were constructively dismissed, the burden of proof in that case lies with the employee to prove that they had no other alternative but to leave their employment.
