Overview
Under Australian law, cancer is considered to be a disability. It is illegal for an employer to discriminate against you or end your employment because you have cancer or are caring for someone with cancer.
If you feel you’ve been treated unfairly, talk to your manager or HR department first. If you think you’ve been unfairly dismissed, you can lodge a complaint with the Fair Work Commission within 21 days.
What’s on this page
Many people worry they will face discrimination if they tell their employer they have cancer. Others fear being dismissed for needing time off work for treatment or to care for a family member with cancer. While many employers and colleagues are caring and supportive, discrimination in the workplace can happen. Knowing your rights and responsibilities may help you know if you’re being treated fairly.
Caring for someone with cancer
It’s against the law for your employer to discriminate against you (treat you unfairly) because of your caring responsibilities. It’s also illegal to deny you opportunities, intimidate or harass you, or terminate your employment because you are caring for someone with cancer.
If you ask for flexible working arrangements because of your caring duties, your employer must consider your request and respond within 21 days. They can refuse your request on reasonable business grounds only. They must first discuss your request with you and genuinely try to reach an agreement. For more information, see Working during treatment or recovery.
Unfair dismissal
Dismissal is the formal term used for “getting the sack” or being fired. An employer can’t pressure you to resign or dismiss you because you have cancer or are caring for someone, such as a family member or someone in your household who is diagnosed with cancer.
All permanent employees (full-time or part-time) are entitled to receive paid personal leave. In general, if an employee provides evidence of their illness, it is illegal to dismiss them for:
- taking paid personal leave (even if they are away for a long time)
- taking unpaid leave, or a combination of paid and unpaid leave, and/or personal leave of up to 3 months within a 12-month period.
If you think your employment was ended unfairly, this may be unfair dismissal. You have 21 days from the date of dismissal to lodge a complaint with the Fair Work Commission. You must also meet some other conditions to be eligible to lodge an unfair dismissal claim.
Concerns about discrimination
Being discriminated against at work because you have a disability is against the law under the Commonwealth Disability Discrimination Act 1992 and Fair Work Act 2009, as well as state and territory legislation. Cancer is considered a disability under these laws. Disability discrimination in the workplace may occur in different ways:
Direct discrimination
Direct discrimination
This is when you are treated less fairly than someone without cancer. For example, an employer denies you a promotion, demotes you to a lower-paid job, refuses to hire you or dismisses you for a reason related to having cancer, when they would not have done these things to an employee who does not have cancer.
Indirect discrimination
Indirect discrimination
This is when a policy, rule or practice that seems fair actually disadvantages people who can’t follow it because they have cancer. For example, a requirement for staff to stand while serving customers might indirectly discriminate against you if the cancer prevents you from standing comfortably. The employer may be able to adjust this rule; however, the rule won’t be unlawful if it is reasonable in all the circumstances.
Australian law requires an employer to make changes (reasonable adjustments) to help people with cancer do their job. See Flexible ways of working. Your employer can only refuse these changes if they would cause unjustifiable hardship to the business, or if you still couldn’t perform the essential parts of your job.
Harassment and bullying
It’s against your rights to be harassed or bullied by managers, staff or clients because you have cancer or are caring for someone with cancer. Anti-bullying laws protect employees from repeated unreasonable behaviour that creates a risk to their health and safety. This includes unreasonable work demands, offensive comments, intimidation or exclusion. People may have different ideas about what is unacceptable behaviour. Even though someone did not mean to be offensive, it’s still not okay. Seek legal advice if you feel you’ve been bullied or harassed.
Find support services
Find the right services for your needs, wherever you are in Australia
Read cancer information
Trusted cancer information for all people affected by cancer
Need to talk to someone?
We're available 9am - 5pm, Monday to Friday (excluding public holidays)