What’s the likelihood a judge will believe employer?

[rapoo]

Just a hypothetical question. If an employee is dismissed for a breach of employment contract, but employer fails to disclose the employment contract as requested by the judge under a disclosure order, how likely is it the judge will simply believe the employer with regards to what the contract states, and find the dismissal fair?

[atticus]

If the terms of the contract are important to the question of unfair dismissal, the hypothetical judge may be concerned by the employer's failure to comply with a disclosure order.

[rapoo]

Another hypothetical question. If a judge concludes that they 'can't say an employers failure to act on something was wrong', does that mean employers failure to act on something could still be wrong?

Should the judge resolve the issue before making their judgment, especially if the issue is relevant to the fairness of the a dismissal?