I reported my employer for safety violations and was demoted. Is this retaliation?

What the Law Says

Australian law protects workers who raise safety concerns from adverse action by employers. Key statutes prohibit retaliation for making 'protected disclosures' or exercising workplace rights.

Under the Work Health and Safety Act 2011 (Cth), it is unlawful for a person to dismiss, injure, or otherwise disadvantage a worker because they raised a health and safety concern — including reporting hazards, refusing unsafe work, or consulting with health and safety representatives.

The Fair Work Act 2009 (Cth) also prohibits 'adverse action' — such as demotion, dismissal, or discrimination — against an employee because they have exercised a 'workplace right', including the right to make a complaint or inquiry about their employment conditions or safety.

Both laws treat demotion as a form of adverse action if it’s taken for a prohibited reason. The burden shifts to the employer to prove the demotion was for a lawful, non-retaliatory reason once the employee shows a connection between the report and the demotion.

Statutory Text

A person must not, by way of reprisal or for any other reason, take adverse action against a worker because the worker has made a complaint or inquiry about a matter relevant to the worker's employment.

— Fair Work Act 2009 (Cth), s. 340 — Protection from adverse action

Statutory Text

A person conducting a business or undertaking must not engage in conduct that results in a worker being disadvantaged in his or her employment… because the worker has raised a health and safety issue.

— Work Health and Safety Act 2011 (Cth), s. 88 — Discrimination against workers

What to Do

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