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The aftermath of the COVID-19 pandemic, the dramatic outcomes of the 2024 US election, intensifying climate change challenges, and ongoing social justice movements have reshaped our world in recent years!
It is highly likely that many of your employees have strong opinions on today’s rapidly changing socio‐political landscape.
Your employees’ political views may be influencing your workplace culture or even impacting your business’s reputation on social media.
So, can you manage or influence your employees’ expression of political views?
Read on to find out how you can navigate these complex issues in 2025.
Right To Freedom Of Opinion And Expression
In Australia, there is still no Commonwealth legislation that provides a general right to freedom of expression.
The High Court of Australia has long reaffirmed that Australians enjoy an implied freedom of political communication under the Australian Constitution. This judicial principle remains a cornerstone of our democracy in 2025.
This means that Australians generally have the freedom to express their political opinions.
However, this doesn’t give your employee an unfettered right to say anything they want at any time.
There are still restrictions on political communication. For instance, under the Criminal Code 1995 (Cth), using violence as a means to express a political opinion remains a serious offence.
Employees’ Protection Against Discrimination
Under the Fair Work Act 2009 (Cth), employers are prohibited from discriminating against employees for expressing their political opinions.
A political opinion can include:
- Membership of a political party,
- Expressed political, socio-political or moral attitudes,
- Civic commitment
However, the Fair Work Act 2009 (Cth) also provides that if an employee’s views or opinions are ‘unauthorised and inconsistent’ with their role or an organisation’s core values, then an employer may take appropriate action.
For example, Michaela Banriji, a former public servant with the Department of Immigration and Border Protection, was dismissed after posting a social media message criticising departmental policies. Although she argued that her dismissal infringed on her implied right to political communication and protection against discrimination, the High Court upheld that her comments were directly contrary to the department’s mission, making the dismissal appropriate.
Furthermore, the Australian Fair Work Commission advises that employees are protected against adverse actions in the workplace when expressing political opinions.
It is important to note, however, that this protection does not extend to acts of politically motivated violence, which may include:
- Rioting,
- Physical harm,
- Threats of coercion
So, What Does This Mean For Small Business Owners?
Simply put, if your employee wishes to express their political opinions, they have a general implied right to do so.
However, if an employee expresses their views in a violent manner or in a way that is clearly contrary to their work role or your business’s core values, you may be justified in taking action.
What If My Employee Is Making Controversial Political Statements In The Workplace?
If you find that an employee is making controversial political statements that disrupt your workplace culture, it’s essential to carefully evaluate the situation. Consider:
- What specific political statement is being made,
- How the statement is being delivered,
- Whether the statement is ‘unauthorised and inconsistent’ with the employee’s role or your business’s core values,
- If the statement is being expressed in a violent or coercive manner
Applying the law in 2025, unless the expression crosses into violence or clearly undermines organisational values and operational roles, employees retain an implied freedom to express their political opinions-even within the workplace.
While you may not have grounds for adverse action, consider implementing positive measures to foster a respectful workplace. Encouraging a culture of mutual respect and understanding can be effective, as echoed in our article on Workplace Harassment & Discrimination.
My Employee Is Posting Questionable Stuff Online, What Can I Do?
If your employee is posting questionable content online, it is important to similarly consider:
- Is the post ‘unauthorised and inconsistent’ with their role or your business’s values?
- Is the post being expressed in a violent or threatening manner?
In a notable case, Angela Williamson, who served as a government relationship manager in Tasmania, was dismissed for tweets expressing her political opinions about local policies. Cricket Australia maintained that her posts undermined key responsibilities of her role, leading to her dismissal. Although both parties ultimately settled out of court, this case underscores the precarious nature of online political expression in professional contexts.
Similarly, high-profile cases such as Israel Folau’s dismissal after his social media postings regarding same-sex relationships highlight the complex interplay between personal expression and professional obligations.
With these cases in mind, it becomes clear that taking action against an employee for their political views is a nuanced matter. It’s essential to balance the implied right to freedom of political communication with the need to maintain a cohesive, respectful workplace culture.
In addition, in 2025 it is wise for small business owners to regularly review and update their internal communication policies to suit evolving legal standards. Adopting clear guidelines not only helps manage potential conflicts but also reinforces a positive corporate culture. For further insights on navigating these challenges, be sure to read our guides on Online Business Privacy and Employment Law.
Need More Help?
In these controversial times, an influx of political opinions in the workplace is inevitable. Knowing when you can and cannot take action against an employee for expressing their political views is crucial.
If you need more assistance, it might be a good idea to speak with a lawyer who specialises in employment law.
Reach out to our team for a free, no-obligations chat at team@sprintlaw.com.au or call 1800 730 617.
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