Unfair Lawful Termination Legal Advice
The Fair Work Act 2009 protects an employee from being dismissed on certain grounds, including those that are discriminatory. It's illegal for an employer to dismiss an employee for a number of reasons, including;
- a person's 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 (some exceptions apply)
- temporary absence from work because of illness or injury
- trade union membership or participation in trade union activities outside working hours or, with the employer's consent, during working hours
- non-membership of a trade union
- seeking office as, or acting as, a representative of employees
- being absent from work during maternity leave or other parental leave
- temporary absence from work to engage in a voluntary emergency management activity
- filing a complaint, or participating in proceedings against an employer.
If you have recently terminated an employee’s employment you may be faced with an unlawful termination (general protection) claim before Fair Work Australia, even if you believe you have acted appropriately.
We can assist with advice for Employers in ensuring they are not liable for unlawful termination in the management of their employees, and assist in defending an unlawful termination claim. We can also provide expert assistance in ensuring that your business has a clear and detailed anti-discrimination policy to assist in managing employees in accordance with the law.
To find out more about unlawful termination, contact our office today.