When procedural fairness is ignored, standing up for your rights can make all the difference.

The Background

Our client, a highly experienced health professional, had always maintained an impeccable record. After raising legitimate workplace concerns through internal channels, she suddenly found herself the subject of disciplinary action.

Without proper notice or an opportunity to respond, a decision was made to demote her, reduce her pay, and record adverse findings on her employment file. The process was opaque, the reasoning inconsistent, and the outcome appeared pre-determined.

The Problem: When Fairness Falls Away

Every employer has a duty to act fairly. Yet in this case, procedural fairness was completely absent. Key evidence was ignored, the decision-makers refused to consider her response in full, and when she sought an internal review, the organisation declined to revisit its decision.

What began as a workplace concern had evolved into something far more serious—a case of retaliation for exercising a workplace right.

Our Approach

Boss Lawyers was engaged to review the process and respond decisively. We identified multiple breaches of natural justice, as well as potential contraventions of the Fair Work Act 2009 (Cth) relating to adverse action.

We filed court proceedings seeking urgent review and relief. Within days of receiving the claim, the employer completely withdrew its decision, reinstated our client to her full role and pay, and confirmed no record of disciplinary action would remain on her employment history.

The Outcome

The outcome was more than a reversal—it was a vindication. It demonstrated that procedural fairness and workplace rights are not negotiable. When employers fail to follow due process or retaliate against employees for speaking up, the law provides a clear remedy.

Lessons for Employees and Employers

• Procedural fairness is a legal obligation—decisions made without it are vulnerable to challenge.
• Retaliation for workplace rights can lead to significant legal and reputational consequences.
• Early legal intervention can prevent irreversible damage to an employee’s career and standing.

Standing Up for Fairness

Boss Lawyers represents professionals and executives in complex workplace disputes—particularly where internal processes have broken down or fairness has been compromised.

If you believe a workplace decision has been made without proper process, or you’ve suffered retaliation for exercising your rights, contact Boss Lawyers for confidential advice.

Details have been changed to protect confidentiality.