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Section : What is unlawful termination?
Domain : Human Resource Management
Classification : Not Identified
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Unlawful termination is different to the general protections provisions of the Fair Work Act (FW Act). Most employees are protected from unlawful dismissal under the general protections provisions of the FW Act. However, all employees are protected from unlawful termination. For more information on general protections, including who they apply to, see our Protections at work fact sheet at fairwork.gov.au/factsheets If you think you have been unlawfully terminated, you need to contact the Commission as soon as possible. Employees must apply to the Commission within 21 calendar days of the dismissal taking effect. To check if you are eligible to lodge a general protections dismissal application, take the Commission's general protections eligibility quiz at fwc.gov.au/general-protections-dismissal-quiz To check if you are eligible to lodge an unlawful termination application, and for more information about unlawful termination go to the Fair Work Commission's website at fwc.gov.au/job-loss-ordismissal