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Burchell and reasonable belief.

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  • Burchell and reasonable belief.

    Can you help me with the Burchell test. It says: 1) The employer must have a genuine belief in the employee’s guilt, 2) the employer must have reasonable grounds for that belief, 3) at the time the employer held that belief the employer must have carried out as much investigation as was reasonable in the circumstances.

    Its the third point I need clarification on. Does that mean a belief can only come into existence after an investigation, or does it mean employer can have a belief prior to an investigation but the belief will only become reasonable if supported by the investigation?

    What happens if employer has a belief prior to an investigation, then the investigation does not establish anything to support the belief; would the belief be seen as reasonable?

    Thanks
    Tags: None

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