My son was assaulted at work, yet he was fired. What are his rights?

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column, Got a Minute? This week: a serious assault at work, changing the workplace goalposts and applying for a new job when you have leave planned.

All employees should have an expectation of safety and support in the workplace.Credit: Dionne Gain

My son’s employment was terminated by a major supermarket chain after being violently assaulted at work by a drug affected customer, during which he sustained a broken nose. During the incident, there was no safe avenue of retreat and so to defend himself from further attacks he engaged in a physical altercation with the customer. To be clear, the customer struck him in the head with no provocation when they were attempting to steal a phone. He has since experienced significant physical, emotional, and financial distress. Is it lawful or fair under Australian workplace law to terminate an employee in these circumstances, especially when the employer failed to provide a safe working environment?

I’m so sorry to hear about what happened – it’s absolutely unacceptable, and no one should ever have to experience violence at work, especially without proper support afterwards.

From everything you’ve shared, it sounds like your son was placed in an incredibly difficult position with no real protection or leadership response. Leaders have a duty to ensure that when critical incidents happen, the response is fair, humane, and anchored in care — not punishment.

I would encourage your son to seek independent legal advice or contact Fair Work to understand his rights, particularly around his dismissal and workplace safety obligations. If he is a member of a union, it would also be worth him reaching out to them — they often have expert advocates who can support and guide him through situations like this.

I started a new role a month ago and three weeks in, the whole company, including me, was asked to sign a new employment contract. There are now additional clauses around non-compete and working overtime. Specifically, it says the company has an expectation they can ask me to work up to 9.30pm on weekdays and weekends per the award rate. I feel as though I’ve been short-changed. The company would have known this new contract was coming when I accepted the job, but didn’t tell me. I’m now not sure what to do. This, and several other small red flags, are making me want to leave without another job to go to.

I can understand why you feel hard done by, especially given this change happened so soon after you started.

Transparency is a cornerstone of good leadership and strong organisational culture. While it’s not unusual for organisations to ask employees to sign updated employment contracts, I can understand why the timing had raised serious questions for you about trust and respect.

You are not required to sign the new contract, and you are entitled to get legal advice before signing anything new, to fully understand your rights and options. I would trust your instincts too. If the company is already raising red flags for you, it’s worth seriously considering whether this is the right environment for you long term. That said, moving on from a job so soon is never easy to explain in a future job interview, so perhaps wait to find a new job to go to before making the move.

I’m applying and interviewing for new jobs currently, but I also have a planned four-week honeymoon coming up in September. Would this period of planned leave be a deterrent to potential employers, and how would you go about raising this with them in the interview process?

Congratulations on your upcoming honeymoon — that’s such an exciting milestone, and you absolutely deserve to enjoy it without feeling stressed about work.

In terms of interviewing for new roles, it’s completely understandable to be worried about how extended leave might be perceived. For some employers, it might factor into their decision-making — but a lot comes down to how you raise it.

Be upfront about your planned leave once you’re further along in the interview process — ideally at the offer or late-stage conversation phase, not right at the beginning. By then, they’ll have seen your value and will be less likely to view it as a negative. You can frame it positively by showing that you’re committed to delivering strong results before and after your break.

Good leadership recognises that people have important life events — and a company that handles this in a supportive way is likely one you’ll want to work for long term. The right employer will see your honeymoon as a normal and manageable part of hiring a great candidate — not a dealbreaker.

To submit a question about work, careers or leadership, visit kirstinferguson.com/ask. You will not be asked to provide your name or any identifying information. Letters may be edited.

Make the most of your health, relationships, fitness and nutrition with our Live Well newsletter. Get it in your inbox every Monday.