This is an extract from an unfair dismissal case decision which makes the point that allegations involving fault or conduct against an employee must be based upon reasonable facts and not simply assumed to be true by an employer.
“When persons with a protected attribute allege that they have been treated less favourably than others because of that attribute, the appropriate response is to investigate the matter and reach a reasoned conclusion as to whether, on the balance of probabilities, the allegation is actually true. It is unreasonable and unfair to presume that it is. The fact that there may be multiple allegations does not lower the standard of proof. “
Panchal v Bulla Mushrooms (Aust) Pty Ltd [2024] FWC 2784 delivered 7 October 2024 per Colman DP