Fired After Taking Carer’s Leave? This Employee Fought Back and Won $32,000

Most workers don’t realise just how powerful their rights are when it comes to speaking up at work. A 2013 general protections case, Wilkie v National Storage Operations Pty Ltd proved just that—when an employee was terminated shortly after taking carer's leave to collect her child, the employer learned the hard way that retaliation comes at a steep cost.

Let’s break down what happened and why the employee won.

Ms Wilkie had a legal right under the Fair Work Act to take personal/carer’s leave for an “unexpected emergency.” That emergency? She had to collect her primary school-aged child.

Shortly after exercising this right, her employer dismissed her.

But under the Fair Work Act’s general protections provisions, it’s unlawful for an employer to take adverse action (like firing or demotion) against an employee because they’ve exercised a workplace right—such as taking personal/carer’s leave.

The court found that the timing wasn’t a coincidence. It was retaliation. And they ordered the employer to pay up.

The court determined that:

• Ms Wilkie had exercised a clear workplace right (taking carer’s leave).

• The employer took adverse action (dismissal) because she used that right.

• The action was unlawful under the general protections provisions.

As a result, the employer was ordered to pay $32,130.78 in compensation. This wasn’t just a win. It sent a message to all employers—retaliation for standing up for your rights will cost you.

What This Means for Employees

If you’ve been fired after:

• Taking personal/carer’s leave

• Making a complaint about workplace treatment

• Raising health and safety concerns

• Asking about entitlements
  …you may have a strong general protections claim.

Unlike unfair dismissal claims, you don’t need to show the dismissal was harsh, unjust, or unreasonable. You only need to prove that you had a workplace right and that you were dismissed because of it.

Importantly, the burden of proof shifts to the employer. They have to prove they didn’t act unlawfully. And if they can’t, compensation (and sometimes penalties) follow.

This case is a textbook example of how employees can successfully challenge retaliation—and win big. If you believe your dismissal was connected to exercising your workplace rights, don’t assume you’re powerless.

We can help you assess your claim and take action—whether through conciliation or court.