Unlawful Termination:

Unlawful Termination: what is it?

Under the Fair Work Act, it is not lawful to terminate the employment of an employee for various reasons. These include the employee’s temporary absence from work for illness or injury, pregnancy, parental leave (both maternity and paternity leave), membership or non-membership of a trade union, seeking office as a representative of other fellow employees, the filing of any complaint against an employer, absence from work for voluntary emergency service activities, or other reasons such as race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

It is important to be certain whether or not your termination was unlawful before taking legal action against your employer. The onus will generally be on the employer to show that the termination as not unlawful, but it is important to ensure that your claim is competently and professionally put together. It should be noted that these are not “hard and fast” prohibitions: sometimes the nature of the work being engaged may require that certain exceptions are made.

If you believe that you have been unlawfully terminated, it is important that you seek legal assistance urgently so that your employment lawyer may provide you with a preliminary opinion in relation to a claim you may have for unlawful termination.

We invite you to contact our firm to speak with one of our Employment Lawyers. Call us on (02) 9233 4048 or send an email to info@navado.com.au to arrange an appointment with one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.