Unlawful termination

If a state system employee is dismissed for certain prohibited reasons, this may be an unlawful termination. Here are some examples of prohibited reasons:

• being temporarily absent due to illness or injury;
• making a complaint against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;
protected characteristics such as race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Unlawful termination protections are set out in the Fair Work Act 2009 (Cth) and apply to state system employees only. National system employees cannot make an unlawful termination claim – they can make a general protections claim under the Fair Work Act 2009 (Cth) instead.

For more information on unlawful termination and a list of prohibited reasons see our fact sheet Unlawful termination for state system employees.