What Is An Unlawful Termination?
An unlawful termination happens when your employer dismisses you for:
- a temporary absence from work because of illness or injury
- an absence from work during maternity leave or other parental leave
- trade union membership or activity
- a temporary absence from work for voluntary emergency management activity
An unlawful termination also happens if you are dismissed for filing a complaint, or participating in proceedings against your employer involving alleged violation of laws or regulations to competent administrative authorities.
An unlawful termination also happens if you are sacked for your:
- skin colour
- race
- national extraction or social origin
- sex
- sexuality
- gender identity
- age
- physical or mental disability
- relationship status
- family or carer’s responsibilities
- pregnancy
- religion
- political opinion
Who is covered by unlawful termination laws?
Workers not covered by the national workplace system are eligible to make a claim for unlawful termination.
For example:
- state government employees in Queensland, South Australia, Tasmania and Western Australia
- local government employees in Queensland, New South Wales and also South Australia
- workers who are national system employees but are not eligible to make general protections claim, can also make a claim for unlawful termination
How Much Compensation Will I Get?
You are eligible to receive larger compensation payouts if you win an unlawful termination claim (compared with an unfair dismissal claim) including damages for shock and also distress.
21-Day time limit
You have just 21-days from the date of your dismissal to file a claim, so call our team of employment lawyers and consultants at Dismissals ‘R’ Us today on 1800 434 733.