“I Was About to Speak Up – Then I Got Fired”: Why You’re Protected Even If You Only Proposed to Use Your Rights
Most workers know it’s unlawful to be fired for exercising a workplace right. But what’s often overlooked is this: you don’t have to actually do it to be protected.
Under the general protections provisions of the Fair Work Act, you are legally protected not only when you use a workplace right—like taking sick leave, lodging a complaint, or requesting flexible work—but even when you propose to do so. That’s right. Simply flagging the intention can trigger legal protection.
And if your employer dismisses you because of that? You may have a strong case.
Example:
You tell your boss you’re planning to raise concerns about bullying with HR. The next day, you're let go for being “disruptive to the team”. You never made the complaint. Doesn’t matter. The law still protects you, because your proposed action was a protected workplace right.
This applies to many everyday scenarios, like:
Mentioning you plan to take parental or sick leave
Asking for a copy of your contract or pay slip
Saying you may complain to WorkSafe or Fair Work
Indicating you'll raise concerns about safety, discrimination, or workload
Employers sometimes move early to avoid dealing with a formal complaint or issue. But taking adverse action in anticipation of your complaint is just as unlawful.
