Who is eligible for unlawful termination?
An unlawful termination is available to workers who are not covered by National System Employees (NSE) and are therefore not eligible to make a General Protections claim under the Fair Work Act.
- 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 NSE but are not eligible to make General Protections claims, can also make a claim for unlawful termination.
What is an unlawful termination?
An unlawful termination happens when your employer dismisses you for:
- temporary absence from work because of illness or injury
- trade union membership or participation in trade union activities outside working hours (or during working hours with the employer’s consent)
- non-membership of a trade union
- seeking office as, or acting or having acted in the capacity of, an employee representative
- the filing of a complaint, or the participation in proceedings, against the employer involving alleged violation of laws or regulations or recourse to competent administrative authorities
- race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin
- absence from work during maternity leave or other parental leave
- temporary absence from work for the purpose of engaging in a voluntary emergency management activity
An unlawful termination also happens if you are sacked for your:
- skin colour
- national extraction or social origin
- gender identity
- physical or mental disability
- relationship status
- family or carer’s responsibilities
- political opinion
YOU NEED TO ACT FAST!
UNLAWFUL TERMINATION CLAIMS HAVE A STRICT
21-DAY TIME LIMIT
Contact our team of employment lawyers and industrial advocates at Dismissals ‘R’ Us TODAY on
LAST UPDATED: February 2022