Accused of Theft at Work? Why You Still Deserve Fair Process

It’s one of the most serious accusations you can face at work — being accused of stealing. Many employees believe that once such an allegation is raised, especially if it involves company property or stock, they’ll have no chance of defending themselves. But a closer look at Australian unfair dismissal law shows that even in cases involving theft, employers must still follow a fair and reasonable process — and the Commission takes that obligation seriously.

A long-running example comes from a case involving two Ansett Australia employees who were sacked for allegedly stealing alcohol. At first glance, that might sound like a clear-cut case of serious misconduct. But when the matter came before the Australian Industrial Relations Commission, the employer’s assumptions didn’t hold up — and the dismissals were found to be unfair.

In that case, the employees were accused of removing beverages from company stock. Ansett took the view that this conduct amounted to theft, and terminated their employment for serious misconduct. But when the Commission looked at the evidence, it found that the allegations weren’t as clear as the employer had claimed. In fact, there was no hard proof that either employee had actually committed theft.

The Commission made a critical point: if an employer is going to rely on a serious allegation like theft to justify dismissal, they need more than gut instinct or suspicion. They need evidence. The standard isn’t the same as in a criminal court — it’s not “beyond reasonable doubt” — but it still requires more than guesswork, conjecture or speculation. Employers can’t just leap to conclusions and call it misconduct. They must have a sound, defensible, and well-founded reason to dismiss someone — and that reason must be based on facts that can be substantiated.

This case shows how important due process is, even when serious accusations are involved. It’s not enough to simply say, “we think you stole something” and terminate on the spot. Employers are expected to investigate, give the employee a fair opportunity to respond, and consider whether the evidence actually stacks up. If they don’t — or if they act prematurely — they risk having the dismissal ruled unfair.

For employees, the lesson is just as powerful. If you’re dismissed for alleged theft or dishonesty, you might assume the worst — that you’ve got no hope of challenging it. But that’s not always true. If you were not given the chance to explain yourself, or the employer didn’t have clear evidence, or they simply relied on assumptions, you could still have a strong unfair dismissal case.

Being accused of theft can be stressful, damaging to your reputation, and deeply upsetting — especially if you know you did nothing wrong. The law recognises this, and it requires employers to act with caution, not suspicion.

Even in cases involving alleged criminal conduct, an employer cannot bypass fair process. Your right to procedural fairness remains intact. That includes the right to know what you’re being accused of, the right to respond, and the right to have the decision made only after your side has been considered.

If you’ve been dismissed because your employer claimed you stole something — whether it’s cash, stock, time, or even data — don’t assume it’s the end of the line. You may have legal options to challenge the dismissal, especially if the evidence was flimsy or the process was rushed.

At Workplace Justice, we help employees stand up for themselves in exactly these kinds of situations. We’ll examine the details, assess whether your employer followed the rules, and help you challenge unfair assumptions with confidence and professionalism.

Because everyone deserves a fair hearing — especially when their integrity is on the line.