Fired for Making a Complaint? — Your Rights
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: 1 July 2025Making a Complaint Is Generally Not a Valid Reason for Dismissal
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.
When Is Dismissal for Making a Complaint Unfair?
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.
General Protections
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.
Process Your Employer Must Follow
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.
FWC Case Examples
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.
Steps to Take If Dismissed for Making a Complaint
- Keep records of your original complaint and how the employer responded
- Document the timeline — when you complained and when adverse action followed
- Lodge a general protections claim (no compensation cap) rather than or in addition to unfair dismissal
- Contact the Fair Work Ombudsman to report the retaliatory dismissal
- Seek legal advice urgently — general protections claims have a 21-day filing deadline
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 complaint a valid reason for dismissal in Australia?
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.
Can I claim unfair dismissal if fired for making a 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.