Sacked after Joining a Union?

Many Australian workers still worry that joining a union might put their job at risk. But under the Fair Work Act 2009, that fear is misplaced. It’s unlawful for an employer to take adverse action against someone because they joined a union, sought union representation, or engaged in union-related activity.

If you’re demoted, your hours are cut, or you’re dismissed after union involvement, it may not just be unfair, it could be unlawful. These are protected rights, and if your employer retaliates, you may be entitled to lodge a general protections dismissal claim with the Fair Work Commission.

The legal test focuses on why the employer acted. And unlike in unfair dismissal cases, the burden of proof is reversed. If you’ve been sacked soon after joining a union or raising an issue with union support, the employer must prove that wasn’t the reason.

You don’t have to be a union delegate or organiser to be protected. The law applies even if you simply attend meetings, ask for support, or are perceived as being pro-union.

The right to join a union is fundamental. If your employer punishes you for exercising it, that’s not just wrong. It’s legally protected conduct, and you may be able to take action, if you act quickly.