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Unfair Dismissals | General Protections Dismissals | Unlawful Terminations

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.

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