What is the difference between unfair dismissal and unlawful termination?
Unfair dismissal means that you think your dismissal was harsh, unjust or unreasonable. To be eligible to make a claim for unfair dismissal you must meet certain criteria, such as: • you must have completed your qualifying period of 6 months if you work for a business that employs 15 or more employees (unless this time has been reduced or waived in writing) • you must have completed your qualifying period of one year if you work for a business that employs less that 15 employees (unless this time has been reduced or waived in writing) • you must have completed your probationary period. There are additional criteria for casual workers. All claims of unfair dismissal must be filed with Fair Work Australia within 14 days of the termination of employment. Unlawful termination is when your employer dismisses you for a prohibited reason. Prohibited reason Your job cannot be terminated because you: • were temporarily away from work because of illness or injury • belong or don’t belong to a tr
