Fired for Refusing Overtime? — Your Rights
Dismissing an employee for refusing unreasonable overtime is unlawful. Under the NES, employees can refuse overtime that is unreasonable, and doing so is a protected workplace right.
Last verified: 1 July 2025Refusing Overtime Is Generally Not a Valid Reason for Dismissal
Dismissing an employee for refusing unreasonable overtime is unlawful. Under the NES, employees can refuse overtime that is unreasonable, and doing so is a protected workplace right.
When Is Dismissal for Refusing Overtime Unfair?
Dismissal for refusing overtime is unfair if the overtime was unreasonable. Factors that make overtime unreasonable include: risk to health and safety, personal circumstances including family responsibilities, insufficient notice, the employee's hours already being excessive, and whether the employee is entitled to overtime rates.
General Protections
The right to refuse unreasonable overtime is a workplace right under the Fair Work Act (s62). Dismissing an employee for exercising this right is adverse action. The employer bears the reverse onus of proof.
Process Your Employer Must Follow
Employers should: (1) only request reasonable overtime, (2) consider the employee's personal circumstances, (3) provide adequate notice of overtime requirements, (4) not penalise employees who decline unreasonable overtime, (5) address any staffing shortfalls through hiring rather than forced overtime.
FWC Case Examples
The FWC has consistently held that employees cannot be penalised for refusing overtime that is unreasonable. Factors such as family responsibilities, health issues, and the amount of notice given are considered when determining reasonableness.
Steps to Take If Dismissed for Refusing Overtime
- Document the overtime requests and your reasons for declining
- Check your award or enterprise agreement for overtime provisions
- Note whether the overtime was reasonable considering your circumstances
- Lodge a general protections claim if dismissed for refusing unreasonable overtime
- Contact the Fair Work Ombudsman for advice on your right to refuse
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 refusing overtime a valid reason for dismissal in Australia?
Refusing Overtime 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 refusing overtime?
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.