By Joseph Kelly, Kelly Workplace Lawyers
Can I express political opinions at work?
This is the sort of question that seems like it should have an easy answer, but in reality, it doesn’t.
So what’s the answer?
The short answer is yes — under Australian workplace law, your employer is prohibited from taking adverse action against you solely because you express a political opinion. This protection is set out under the Fair Work Act 2009 (Cth), which prohibits adverse action, including dismissal, demotion, or other forms of workplace disadvantage, based on certain protected attributes. Political opinion is one of these protected attributes.
The long answer…
It’s more complicated in practice. While you have a right to express your political views, that right is not unfettered and exists alongside the rights of other employees and the legitimate interests of your employer.
Other employees have a right to feel safe and respected in the workplace. If the way you express your political opinion is aggressive, harassing, or creates a hostile environment, your employer may take lawful action against you, not because of your opinion itself, but because of the way it is expressed. This includes inflammatory social media posts, repeated confrontation in meetings, or distributing material in the office that others find threatening or intimidating.
Similarly, employers may have policies aimed at maintaining a professional, respectful, and neutral workplace, or safeguarding the organization’s public image. If your political expression harms the business, for example by attracting public complaints or negative media attention, your employer may take action to mitigate that impact.
Lessons from recent cases
The Lattouf case (Lattouf v ABC [2025] FCA 669) illustrates this balance. Journalist Antoinette Lattouf was dismissed after posting political commentary online. The Federal Court held that her political opinion was protected, but the ABC’s failure to follow proper policies and procedural fairness contributed to the ruling in her favour. The case shows that employers must tread carefully, but employees should also be mindful of workplace context and policies.
Practical advice
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Understand your employer’s social media and workplace policies.
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Express opinions respectfully, without targeting colleagues or creating disruption.
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Keep political commentary outside of work hours if possible, or separate from professional platforms.
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Seek legal advice before taking action if you believe your political opinion has caused or may cause workplace conflict.
If you are in doubt about what you can say or do in your workplace, make an appointment through our bookings tab to discuss your rights and obligations.
