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Section : What is unlawful termination?
Domain : Human Resource Management
Classification : Not Identified
Text Content
Unlawful termination is when an employee is dismissed by their employer for one or more of the following reasons:
- because of a protected attribute such as race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, mental or physical disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin, or because they are (or have been) experiencing family and domestic violence (some exceptions apply, such as where it's based on the inherent requirements of the job)
- temporary absence from work because of illness or injury (supported by a medical certificate or statutory declaration)
- trade union membership or nonmembership, or participation in industrial activities
- seeking office as, or acting or having acted in the capacity of, a representative of employees
- being absent from work during parental leave
- temporary absence from work to engage in a voluntary emergency management activity, or
- filing a complaint or participating in legal proceedings against the employer for breaching the law.