Facts are Stubborn Things Indeed

In the classic Australian film The Castle, audiences chuckle as Dennis Denuto argues a High Court case with little more than “the vibe” of the Constitution. It’s a moment etched into our cultural memory, portraying the little guy battling the system with passion, sentiment, and gut instinct. But while this cinematic gem delivers humour and heart, it also serves as a warning for anyone engaged in real-world legal proceedings: emotion, assumption, and “vibes” don’t win cases—facts do.

John Adams, one of the Founding Fathers of the United States, famously said, “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” This enduring principle holds true in any courtroom or tribunal, from the Fair Work Commission to a Supreme Court bench.

Witness Rants, Exaggeration, and Emotion

In advocacy, we regularly encounter situations where a witness may give impassioned evidence full of personal grievances, sweeping statements, or dramatic accusations. These rants, while emotionally compelling, often collapse under scrutiny. The moment a version of events cannot be substantiated with documentary evidence, contemporaneous notes, or corroborating testimony, it becomes vulnerable to challenge.

Exaggeration, likewise, can irreparably damage a party’s credibility. Inflating minor workplace slights into broad claims of injustice may feel cathartic, but it risks undermining legitimate grievances. Inconsistent or embellished accounts may cause a tribunal member to question the truth of everything that witness says—even the parts that are accurate.

Facts are Stubborn Things Indeed

“The Vibe” Isn’t Enough

Relying on “the vibe” may evoke sympathy, but in adversarial or investigative settings, it simply isn’t persuasive. Decision-makers are bound by statute, case law, and evidentiary rules. They must assess claims not by how much they “feel right”, but by what can be proved.

The Fair Work Act 2009 (Cth), Anti-Discrimination Act 1991 (Qld), and other relevant laws rely on objective standards. A subjective feeling of being wronged is not enough; you must show how your rights were legally breached.

For example, a claim that a dismissal was “unfair” in the everyday sense of the word must meet the legal criteria in section 385 of the Fair Work Act. Similarly, an allegation of discrimination must be linked to a protected attribute and causally connected to an adverse action or detriment.

The Weight of Evidence

In our work as employment and human rights advocates, we continually emphasise the importance of contemporaneous evidence. Diaries, emails, meeting notes, payslips, screenshots—these are the building blocks of persuasive claims. Facts are not just “stubborn” because they are hard to change; they are the bedrock of credible, defensible cases.

Tribunals and commissions are not interested in how hurt someone feels—they are interested in what actually happened. Was there a warning given? Was a policy breached? Was medical evidence provided? Was a complaint properly investigated? These are the questions that shape outcomes.

The Lesson for All Workers and Complainants

If you are pursuing a complaint—whether for unfair dismissal, discrimination, bullying, or wage theft—your first priority should be gathering the facts. Identify who did what, when, and how. Be truthful, be consistent, and resist the urge to overstate or speculate. Credibility is earned by precision and restraint.

Advocates can assist by helping frame those facts in the language of the law, ensuring your claim has both emotional authenticity and legal merit. But we can only work with the raw material that exists. If there are no records, if memories are vague, or if evidence contradicts your claims, even the best advocacy cannot reverse that.

Conclusion

The world may run on sentiment and sympathy, but justice runs on facts. Whether you’re in a workplace investigation, a conciliation, or before a commission member, remember this: “the vibe” might win a movie, but it’s the facts that win the case.

In the end, facts—stubborn as they are—are your strongest allies..