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Resolving a workplace issue

If you feel that you have been treated unfairly, or been harassed, bullied or discriminated against in the workplace, because of cancer or being a carer of someone with cancer, there are steps you can take to try to resolve the issue.

1	Talk to your employer and follow your workplace policy for complaints. If your employer doesn’t have a policy to follow, complain to your manager or HR about how you’ve been treated.
2	Keep notes with dates and names of people who saw what happened. This will help you remember later. It can help to take a support person to any meetings about the issue, and ask them to take notes.
3	Most complaints are resolved through mediation or conciliation. This is an informal way of agreeing on an outcome. If mediation or conciliation doesn’t work, you may go to an administrative tribunal or to court for a legal judgment that must be followed.
4	The Fair Work Ombudsman has information about workplace rights and how to resolve workplace issues at fairwork.gov.au. If you’re still employed and believe you’ve been bullied, you can apply to the Fair Work Commission for an order to stop the bullying.
5	If you’re being discriminated against, lodge a complaint with the anti-discrimination agency in your state or territory, the Australian Human Rights Commission, or the Fair Work Ombudsman. Or make a discrimination complaint under a “general protections” claim to the Fair Work Commission. Contact one of these organisations or seek legal advice to see which is best for you before you lodge a complaint. It is illegal for your workplace to take action against you for lodging a complaint.
6	If you have been dismissed (sacked) or otherwise disadvantaged, you can lodge an unfair dismissal or adverse action application with the Fair Work Commission within 21 days.

If you have any questions, call Cancer Council 13 11 20. We may be able to refer you to an employment lawyer for advice.

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This information was last reviewed in June 2023. View who reviewed this content.

Brooke Russell, Principal Occupational Therapist, WA Cancer Occupational Therapy, WA; Bianca Alessi, 13 11 20 Consultant, Cancer Council SA; Dr Prunella Blinman, Medical Oncologist, Concord Cancer Centre, Concord Repatriation General Hospital, NSW; James Chirgwin, Physiotherapist, The Wesley Hospital, QLD; Danielle Curnoe, Consumer; Simon Gates, Barrister, Tasmanian Bar, TAS; Justin Hargreaves, Medical Oncology Nurse Practitioner, Bendigo Health Cancer Centre, VIC; Kaylene Jacques, Director, People and Communications, Cancer Council NSW; Alex Kelly, Senior People Attraction Advisor, Human Resources, Allianz Australia Insurance, NSW; Legal reviewer; Georgina Lohse, Social Worker, GV Health, VIC; Lesley McQuire, Consumer, Cancer Voices NSW.

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