Fired After Making a Wage Claim or Sexual Harassment Complaint — Your Rights Under General Protections

If you were dismissed after chasing unpaid wages or lodging a sexual harassment complaint, the Fair Work Act gives you strong legal protections. The law says your employer cannot take adverse action against you because you exercised a workplace right. A workplace right includes making a complaint or inquiry in relation to your employment, whether that is about pay, working conditions or workplace conduct. This means that if your dismissal was a direct result of making a complaint about unpaid wages or reporting sexual harassment, the dismissal may be unlawful.

The key difference in these cases is the burden of proof. Once you allege that your complaint was a reason for your dismissal, it is up to the employer to prove it was not. This is a reversal from most other claims, where the applicant carries the burden of proof. These claims must be lodged quickly. You have 21 days from the day after dismissal takes effect to file a general protections dismissal application with the Fair Work Commission.

General protections laws exist to prevent employers from retaliating when workers speak up. If you are sacked after raising concerns about pay or sexual harassment, do not assume it is simply “unfair” — it may be unlawful. Acting quickly is critical to protect your rights.