Unlawful Termination

This information is complimentary only and isn't to be relied upon as advice. Always refer to the Fair Work Ombudsman, your enterprise agreement, or our industrial team for matters that may affect your employment.

What is unlawful termination?

Unlawful termination is when your employer ends your employment for a reason that's prohibited under the Fair Work Act (s.772). This is different from unfair dismissal — unlawful termination is specifically about why you were dismissed, not whether the process was harsh or unreasonable.

Is this the right claim for you?

Unlawful termination exists mainly for employees who fall outside the national workplace relations system — meaning you can't access the general protections or unfair dismissal provisions. This typically includes:

State government employees (NSW, QLD, SA, TAS, WA)
Local government employees (NSW, QLD, SA)
Employees of non-constitutional corporations in WA (e.g. sole traders, partnerships, trusts)

If you're covered by the national system, you'd generally look at general protections or unfair dismissal instead. Not sure which applies? Lodge a Member Support Form and our industrial teams will assist you.

Prohibited reasons for dismissal

Your employer must not terminate your employment because:

You were temporarily absent due to illness or injury
You are (or aren't) a union member, or participated in union activities
You sought or held a role as an employee representative
You filed a complaint or participated in proceedings against your employer
Your race, colour, sex, sexual orientation, age, disability, marital status, family/carer's responsibilities, pregnancy, religion, political opinion, national extraction, or social origin
You took parental leave
You were temporarily absent for a voluntary emergency management activity

⏰ You have 21 days

Applications for unlawful termination must be lodged with the Fair Work Commission within 21 days of your dismissal date. This deadline is extremely strict.

Not sure if you're an employee or contractor?

Unlawful termination protections apply to employees, not independent contractors. But if you're engaged as a "contractor" and suspect the arrangement is (or was) really employment, you may still be covered. The Fair Work Act looks at the substance of the relationship, not just the label on your contract. Unlawful termination is a complicated matter, so we recommend you get help.

Think this might apply to you?

Lodge a Member Support Form as soon as possible. Our industrial team will review whether unlawful termination is the right pathway or if another claim (such as general protections or unfair dismissal) is more appropriate.

→ Log in at member.redunion.com.au → find "Get Help?" → click "Member Support Form".

Not a member?

We can't assist with pre-existing issues, but if you'd like to understand your options going forward, you can try to book a 20-minute chat with our team. Please note this is a general overview of what might be available should you join — it is not industrial advice.

You might also want to contact your current union (if you have one), your State's law society's 'find a solicitor' service, or a Community Legal Centre.

It's best to have your subscriptions active incase a circumstance arises.

Ready to join?

To sign-up directly via the sign-up form:

Visit the signup form relevant to your industry (Nursing / Midwifery | Allied Health | Education | Officer | Other | New Zealand);
Tick "Yes" when prompted about pre-existing issues;
Wait for the onboarding emails after that's received –>
You can fill in an Member Support Form (be sure to tick "Yes" to the pre-existing question – our teams expect honesty on forms).

Needs updating?

Please let our hotline know if this article seems out of date, we are always looking to improve.

For the full list of prohibited reasons, refer to s.772 of the Fair Work Act.