When an employee who worked for a trade union came to us after being dismissed, they assumed their options were limited because their state’s anti-discrimination framework doesn’t expressly protect political opinion.
What they didn’t know was that the Commonwealth’s Fair Work Act can still provide a remedy: section 772 prohibits termination for reasons including political opinion. With careful legal analysis and a strategic approach, we helped them convert an apparently hopeless situation into a negotiated outcome that protected their interests without the need for protracted court fights.
What Happened
Our client, an employee at a trade union, had their employment abruptly terminated. They held a strong belief that the termination was not based on their performance but was a direct result of their personal political opinions, which were known within the workplace.
The client initially was not hopeful: there is no specific state law that explicitly protects employees from discrimination based on their political views. This has implications for parts of the Fair Work Act that rely on the existence of state protections.
What We Did
We highlighted a protection within the Fair Work Act 2009 (Cth). Specifically, Section 772(1)(f) of the Act states that an employer must not terminate an employee’s employment for reasons that include their “political opinion.”
This federal provision was the key. It establishes a national standard of protection that applies to most employees in Australia, regardless of gaps in state-level laws. Armed with this clear statutory protection, we presented a robust case to the former employer.
The Outcome
Through a targeted, evidence-led approach and carefully staged negotiation, we secured a mutual agreement with the employer that met the client’s priorities, avoided lengthy litigation, and achieved a practical remedy for what initially seemed an unpromising claim.
The client was satisfied with the outcome and the process—they felt heard, validated, and protected without the stress of a drawn-out court case. The matter also illustrates an important lesson for employees and employers alike: political opinion can be a protected reason under the Fair Work Act, and what looks at first like an absence of protection at state level may still give rise to federal remedies.
