Don’t Blame Me for What My Partner Did: You Can’t Be Fired for Someone Else’s Actions
It might sound ridiculous, but some employers still try to punish workers for the conduct of their spouse, sibling, or partner. Whether it’s a partner’s social media post, a family feud, or a disagreement that has nothing to do with you, being tied to someone else’s drama shouldn’t cost you your job. In most cases, it doesn’t.
Under Australian workplace law, a dismissal must be fair, reasonable, and based on your own conduct or capacity. That means your partner’s opinions, your relative’s behaviour, or even a family member’s dispute with your boss has nothing to do with your employment, unless your own conduct is somehow directly involved.
The Fair Work Commission has repeatedly held that a worker can’t be dismissed merely by association. An employer who disciplines or terminates someone based on what a family member did is walking a legal tightrope. The moment an employer confuses a personal relationship with professional performance, they risk a finding that the dismissal was harsh, unjust or unreasonable.
Of course, if you are found to have participated in your partner’s actions, for example, if you helped leak information, or you were involved in inappropriate conduct, then that’s a different story. But simply being related to someone or living with someone who did the wrong thing? That’s not a valid reason for dismissal.
Even if a family member’s behaviour makes things awkward at work, your boss still has to follow due process. That means giving you a chance to respond, investigating any real allegations, and making sure decisions are grounded in evidence, not personal bias or guilt by association.
If you’ve been sacked, suspended, or threatened at work because of something a partner or relative allegedly did, it’s worth getting advice. The law protects you from unfair treatment. Your job should be judged on your performance, not your personal relationships.