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What constitutes as an unlawful dismissal?
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Unlawful dismissal is very similar to an unfair dismissal under the Workplace Relations Act 1996. This Act states that an unlawful dismissal constitutes:
- A temporary absence from work because of illness or injury.
- Union membership or participation in union activities outside working hours
or within if you have the consent of the employer.
- You do not belong to a union.
- You are a representative for employees.
- You have filed a complaint against the employer.
- You are participating in proceedings against the employer.
- Your refusal to negotiate, make or sign an Australian Workplace Agreement
(AWA)
- You have taken maternity or parental leave.
- Reasons that relate to any of 17 forms of discrimination that are covered in
the Equal Opportunity Act 1995. See http://www.eoc.vic.gov.au/ for these types
of discrimination.
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If you want to know more about your rights at work call the Unions Helpline 1300 362 223 |
Ask Neale is a joint initiative of the NSW Labor Council and the ACTU.
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