Document Chunk
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Section : Ending employment
Domain : Human Resource Management
Classification : Not Identified
Context
This chunk is part of the section discussing the circumstances under which an employee cannot be dismissed, highlighting specific discriminatory reasons and protections against unlawful termination. It emphasizes the rights of employees to make claims if they believe their dismissal was unjust, and it is situated within the broader context of ending employment and compliance with the Fair Work Act for small businesses.
Text Content
- for a discriminatory reason - for more information go to fairwork.gov.au/discrimination
- for being temporarily absent from work because of illness or injury
- for engaging in lawful industrial activity
- because they have exercised a workplace right (like being a member of a union)
- for making a complaint or inquiry related to their employment, such as asking about a pay rate or contacting the Fair Work Ombudsman
- to make them an independent contractor where they will be doing the same or substantially the same work. If the employee believes they were dismissed for one of these reasons, they can make a 'general protections' claim or an 'unlawful termination' claim against the employer. These are different from 'unfair dismissal' claims and small businesses aren't exempt from these types of claims. To find out more, visit the Ending employment page at fairwork.gov.au/ending-employment
- What are some reasons an employee may be dismissed that are considered discriminatory?
- How can an employee be protected if they are temporarily absent from work due to illness or injury?
- What is meant by 'lawful industrial activity' in the context of employment rights?
- What rights do employees have when they exercise their workplace rights, such as union membership?
- What actions can an employee take if they believe they were dismissed for making a complaint related to their employment?
- What is the difference between a 'general protections' claim and an 'unlawful termination' claim?
- Are small businesses exempt from claims related to unlawful termination or general protections?
- Where can employees find more information about their rights regarding employment termination?
- What does it mean for an employee to be classified as an independent contractor while performing the same work?
- Why is it important for employees to understand their rights related to dismissal and termination?