I was fired without warning after complaining about unsafe work conditions. Is this legal?

What the Law Says

Australian law protects workers who raise concerns about health and safety at work from adverse action — including dismissal — by their employer.

Under the Fair Work Act 2009 (Cth), it is unlawful for an employer to take adverse action against an employee because they have exercised a workplace right — such as making a complaint about unsafe working conditions. This is known as a 'general protection' claim.

Section 340 of the Fair Work Act specifically prohibits adverse action 'because an employee has made a complaint or inquiry in relation to his or her employment'. Courts interpret 'complaint or inquiry' broadly — including verbal or informal reports about safety risks.

The Work Health and Safety Act 2011 (Cth) and corresponding state/territory laws (e.g., NSW WHS Act 2011) also protect 'health and safety representatives' and 'workers' who raise safety issues. Section 88 of the model WHS Act (adopted in most jurisdictions) makes it an offence to 'discriminate' against a worker for raising health and safety concerns.

If you were dismissed within 7 days of making a safety complaint, you may be eligible to lodge an urgent 'interim injunction' application with the Fair Work Commission to stop the dismissal taking effect.

Statutory Text

A person must not take adverse action against a person who has made a complaint or inquiry in relation to his or her employment.

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

Statutory Text

A person must not discriminate against a worker in relation to the worker’s employment because the worker has raised a concern about health and safety.

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

What to Do

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