Dismissing an employee because they made a workplace complaint (about pay, safety, bullying, harassment, or any other work issue) is unlawful. Making a complaint is a protected workplace right under the Fair Work Act.
Last verified: 21 May 2026Dismissing an employee because they made a workplace complaint (about pay, safety, bullying, harassment, or any other work issue) is unlawful. Making a complaint is a protected workplace right under the Fair Work Act.
Dismissal is unfair if it was motivated (even partly) by the employee having made a complaint or inquiry about their employment. This includes complaints to the employer, to the Fair Work Ombudsman, to a union, or to any other authority. The timing of the dismissal relative to the complaint is often strong evidence.
Making a complaint or inquiry about employment is a workplace right under s341 of the Fair Work Act. Dismissing an employee for exercising this right is adverse action under s340. The employer bears the reverse onus of proof — they must prove the complaint was not a reason for the dismissal.
Employers must not take any adverse action against an employee for making a complaint. If performance issues exist independently, they should be documented and addressed through a separate, genuine performance management process that predates the complaint.
In Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014), the Federal Court held that even where other reasons contributed to dismissal, if the complaint was a substantial and operative reason, the dismissal was unlawful. Proximity in time between complaint and dismissal creates a strong inference of retaliation.
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 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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