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Freedom of expression
Last updated March 2022
This chapter explains how and when your employees have a right to freedom of expression.
Do employees have a right to freedom of expression?
No law in Australia gives an employee the right to say what they want. However, there are legal limits on:
- an employer imposing controls on what an employee can say; and
- the capacity of an employer to discipline or dismiss an employee because of something they have said.
The laws that impose these limits are found in:
- common law;
- unfair dismissal laws;
- the Constitution;
- the general protections provisions; and
- anti-discrimination legislation.
How does common law protect employee freedom of speech?
Definition: Common Law
Common law is law that is derived from precedent (i.e. through past judgments) rather than statute (i.e. laws written in legislation).
Common law is law that is derived from precedent (i.e. through past judgments) rather than statute (i.e. laws written in legislation).