Fired for Making a Bullying Complaint? — Your Rights
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: 1 July 2025Making a Bullying Complaint Is Generally Not a Valid Reason for Dismissal
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.
When Is Dismissal for Making a Bullying Complaint Unfair?
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.
General Protections
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.
Process Your Employer Must Follow
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.
FWC Case Examples
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.
Steps to Take If Dismissed for Making a Bullying Complaint
- Keep copies of your bullying complaint and all responses from the employer
- Document the timeline from complaint to dismissal — timing is critical evidence
- Lodge a general protections claim (preferred — no compensation cap) within 21 days
- Also consider lodging a bullying application with the FWC if the behaviour is ongoing
- Contact your union or an employment lawyer for urgent advice
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
Maximum Compensation
26 weeks’ pay
For unfair dismissal. Consider a general protections claim (no cap) for stronger protection.
Calculate Your Entitlements
Frequently Asked Questions
Is making a bullying complaint a valid reason for dismissal in Australia?
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.
Can I claim unfair dismissal if fired for making a bullying complaint?
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 ($175,000) unless covered by an award or enterprise agreement. You must lodge within 21 days.
What is the difference between unfair dismissal and general protections?
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.
How long do I have to make an unfair dismissal claim?
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.
What compensation can I get for unfair dismissal?
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.
Other Dismissal Reasons
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.