Allegations must be based on facts, not assumptions

In a recent unfair dismissal matter, Panchal v Bulla Mushrooms (Aust) Pty Ltd [2024], the Fair Work Commission reinforced a key principle of workplace justice: allegations against employees must be based on reasonable facts, not assumptions; irrespective of how many allegations there may be.

As Deputy President Colman stated:

“The fact that there may be multiple allegations does not lower the standard of proof.”

Importantly, the Fair Work Commission applies the civil standard of proof—the balance of probabilities. This means an employer must demonstrate that, based on the available evidence, it is more likely than not that the alleged misconduct occurred. Mere suspicion or untested claims are not enough.

Too often, employees are dismissed based on unverified complaints, rumors, or biases rather than any evidence. Employers must investigate allegations fairly and apply a consistent standard of proof to each. Just because an employer believes something to be true does not make it so.

Injustice at work isn’t just about job loss—it’s about fairness, dignity, and the right to be judged on facts and available evidence, not assumptions.