I was sacked after raising a safety concern — what can I do in Australia?

You may have two avenues running at once. First, being dismissed because you raised a work health and safety issue can be discriminatory conduct under the model Work Health and Safety Act 2011 (s.104) — you can complain to your WHS regulator, who can investigate and prosecute. Second, your safety complaint is a 'workplace right' under the Fair Work Act 2009 (Cth) (s.341), and being dismissed because you exercised it can be a general protections claim (s.340). Crucially, a general protections application involving dismissal must be lodged with the Fair Work Commission within 21 calendar days of the dismissal (s.366). Act now and get advice — you generally cannot be compensated twice for the same harm.

What is a WHS reprisal?

A WHS reprisal is detrimental treatment of a worker for a prohibited work health and safety reason — for example, sacking, demoting, cutting the hours of, or harassing a worker because they raised a safety issue, are a Health and Safety Representative, or ceased unsafe work. The model Work Health and Safety Act 2011 prohibits this discriminatory and coercive conduct (ss.104–116), and it can be a criminal offence. You report it to your WHS regulator (such as SafeWork NSW, WorkSafe Victoria, or Comcare). Victoria provides the same protection as 'discrimination' under Part 6 of the Occupational Health and Safety Act 2004 (Vic).

Is a safety complaint a workplace right?

Yes. Making a complaint or inquiry about safety is a 'workplace right' under the Fair Work Act 2009 (Cth) (s.341). That means your employer must not take 'adverse action' against you — dismissal, demotion, cutting your hours, or otherwise injuring you in your employment — because you raised it (s.340). If they do, you may have a general protections claim with the Fair Work Commission.

What is the time limit to make a general protections claim?

If your general protections claim involves dismissal, you must lodge your application with the Fair Work Commission within 21 calendar days of the dismissal taking effect (Fair Work Act 2009 (Cth), s.366). This is a strict deadline that the Commission extends only in exceptional circumstances. Where you have not been dismissed, there is no 21-day limit, but you should still lodge promptly (a general protections court application has a 6-year limitation period).

Can I bring more than one claim for the same safety issue?

Often yes — the same facts can support a WHS reprisal complaint, a Fair Work general protections claim, and (if you were injured) a workers compensation claim. These can run alongside each other, but you generally cannot be compensated twice for the same harm, and you may have to elect which avenue to pursue. Because choosing wrongly can forfeit a stronger option, get advice from a workplace lawyer, your union, or the relevant regulator before you lodge.

Safety Complaint Triage — WHS, Workers Comp or Fair Work?

Raised a safety concern and worried about payback? Work out whether your issue is a WHS reprisal, a workers comp matter, or a Fair Work general protections claim.

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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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