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Was it unlawful termination?

The national workplace system protects an employee from being dismissed on certain grounds, including those that are discriminatory.

Are you being discriminated against?

What's unlawful termination?

It's illegal for an employer to dismiss an employee for a number of reasons. These reasons include:

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, such as where it's based on the inherent requirements of the job)
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.

Help from Fair Work Australia

If you think you've been dismissed for any of these reasons, you can apply to Fair Work Australia (FWA) for help to deal with the dispute. Forms can also be lodged at Fair Work Ombudsman (FWO) offices.

You must lodge your application within 60 days after the dismissal took effect, although FWA may accept late applications in limited circumstances. Employees are required to pay an application fee. This fee may be waived on the grounds that its payment would cause serious hardship.

After you apply to FWA, the following steps take place:

FWA has a private conference with you and the employer.
If FWA finds that all reasonable attempts to fix the matter were, or are unlikely to be unsuccessful, they issue a certificate to that effect.
You may use the certificate to apply to court to resolve the matter.

Help from the Fair Work Ombudsman

The Fair Work Ombudsman (FWO) also deals with unlawful termination issues. FWO may seek penalties against the employer for breach of a civil remedy provision of the Fair Work Act. You may also be able to claim up to $20,000 through the small claims procedure. You can make a complaint to us if you've been unlawfully terminated.