Q&A: Protected complaints and actions for WA workers

This information resource is for private sector employees in Western Australia. It is general information only and not intended to be a substitute for legal advice. By using the information on this page, you agree to our full disclaimer.

There are two systems of employment law in Western Australia: a state system and a national system. While this information resource is suitable for both state system employees and national system employees, it will help you to know which system of employment law you are covered by. If you are unsure, please see our publication Q&A: State or national for WA employees

Quick Summary

If you are treated badly for saying or doing certain things, then this may be against the law, and you may be able to make a legal claim. Being treated badly can be different for everyone. Examples of bad treatment can include:

changing work hours or shifts;
changing work location;
giving you a warning;
being stopped from going to work; and
being treated differently from your colleagues.

You can only make a legal claim for this treatment if the reason for the treatment falls under specific scenarios. Scenarios where bad treatment is not allowed can include when you have:

made a complaint about your working conditions;
made an enquiry/asked a question about your rights at work;
been treated badly for a discriminatory reason (e.g racism, sexism, ageism);
taken time off work;
made use of your rights as an employee (e.g any rights to penalty rates and breaks or asking for flexible working conditions); and
been active with the union or participated in industrial action (e.g gone on strike).

Introduction

This Q&A doesn’t deal with the situation where you are dismissed (fired) following a complaint or protected action. This is because the laws are a little different for dismissals and we have separate publications to cover that situation.

If you have been dismissed (or you think you are at risk of dismissal), you should instead look at our publication, Q&A: Dismissal for WA Workers. There may also be some claim guides that are helpful for your situation, but we recommend reading the Q&A first, to help you figure out which claim guides are relevant.

Be aware that limitation periods for dismissal-based claims can be as short as 21 days from the date the dismissal took effect.

Q&As

What is a protected complaint?

What is a protected action?

I am being treated badly at work because I made a protected complaint to my employer, or because I took a protected action. What can I do?

Your work or working conditions

If you made a complaint to your employer about a work or work-related issue, then you might have a General Protections or Protection of Employee Rights claim against:

your employer; and
anyone involved in treating you badly because you made a complaint (eg a human resource manager, and/or your boss).

You can have a look at our resources on these kinds of complaints:

Sexual harassment / discrimination

If you made a complaint about sexual harassment and / or discrimination at work, and your employer is treating you badly, you may have a sexual harassment and / or discrimination claim against:

the person who has sexually harassed and / or discriminated against you; and
your employer.

You can have a look at our resources on these kinds of complaints:

Q&A: Workplace discrimination for WA workers

Claim Guide: “Stop workplace bullying or sexual harassment in the WAIRC (for state system employees)”

It is unlawful for anyone to threaten, harass or treat you unfairly because you have made a complaint, or intend to make a complaint, about experiencing discrimination or harassment to Equal Opportunity Commission / Australian Human Rights Commission. This also protects you if you complained about unlawful discrimination or harassment but have not a made a complaint.

Your safety at work

If you have raised an issue about safety at work with someone else at work, or an external person like a WorkSafe inspector, and your employer is treating you badly, you may be able to apply for an order to be made against your employer by the Work Health and Safety Tribunal at the Western Australian Industrial Relations Commission.

It is also not permitted to take action to coerce or induce a person to not exercise a power or perform a function under the WSH Act.

Complaints to external organisations (not your employer)

There are legislative provisions in a range of Acts protecting you from being treated badly by someone for making a complaint to an external organisation.

It is unlawful for anyone to threaten, harass or treat you unfairly because you have made a complaint, or intend to make a complaint, about experiencing discrimination or harassment to EOC/AHRC. This also protects you if you complained about unlawful discrimination or harassment but have not a made a complaint.

There are legislative provisions in work health and safety law asserting that a person cannot take particular negative actions against a worker for a prohibited reason, which includes raising an issue with work health and safety with the employer or a range of other people. Consequences can include penalties of up to $115,000 for individuals and $570,000 for corporations. If you think you have been treated badly because of a work health and safety issue, considering seeking legal advice.

I was away from work for a while, and now I am being treated badly. What can I do?

Related resources

Further information and assistance

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