Dismissing an employee because they made a bullying complaint is unlawful. Making a complaint about workplace bullying is a protected workplace right under the Fair Work Act, and taking adverse action in response is prohibited.
Last verified: 21 May 2026Dismissing an employee because they made a bullying complaint is unlawful. Making a complaint about workplace bullying is a protected workplace right under the Fair Work Act, and taking adverse action in response is prohibited.
Dismissal is unfair if it was motivated by the employee having raised a bullying complaint, whether internally, to the FWC, to a union, or to any external body. Even if the employer claims performance issues, the proximity of the dismissal to the complaint creates a strong inference of retaliation.
Making a bullying complaint is a protected workplace right under s341 of the Fair Work Act. The employer must prove the complaint was not a substantial and operative reason for the dismissal (reverse onus of proof under s361). Penalties for contravention can be significant.
Employers must: (1) take bullying complaints seriously and investigate them, (2) not take any adverse action against the complainant, (3) protect the complainant from retaliation, (4) address the bullying behaviour rather than penalising the person who reported it, (5) keep complaint processes confidential.
The FWC and Federal Courts have consistently held that dismissing a complainant — even when framed as a performance issue or redundancy — constitutes adverse action if the complaint was a substantial reason. Significant compensation awards have been made in retaliation cases.
21 days
From the date your dismissal takes effect. Strictly enforced.
26 weeks’ pay
For unfair dismissal. Consider a general protections claim (no cap) for stronger protection.
Making a Bullying Complaint is generally not a valid reason for dismissal. Termination for this reason may constitute unfair dismissal and may also breach general protections provisions under the Fair Work Act. The employer bears the reverse onus of proof to show this was not a reason for the dismissal.
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($183,100) unless covered by an award or enterprise agreement. You must lodge within 21 days.
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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