What is unlawful termination or dismissal?
It is unlawful for an employer to terminate an employee’s employment for invalid reasons. This is called unlawful termination or dismissal. Unlawful termination provisions apply to all employees in Australia. Employees who are excluded from making unfair dismissal claims are not excluded from making unlawful dismissal claims. Invalid reasons are: • temporary absence due to illness or injury • temporary and reasonable absence due to volunteer work for Disaster Emergency • discrimination • membership of a union • non-membership of a union • seeking office as or acting as a representative of the employees • absence during maternity leave or parental leave • the filing of a complaint against an employer involving alleged violation of laws. Employees, under the federal system have 60 days to apply to Fair Work Australia (FWA) for unlawful termination. State employees have 21 days to apply to Queensland Industrial Relations Commission. What is unfair dismissal? State and federal law cover un
